Flynn Coal & Lumber Co. v. F. W. White Lumber Corp.

Lively, Judge:

The court, on demurrer, sustained the bill as sufficient, and certified its ruling for review.

Flynn Coal & Lumber Company (hereinafter called “Flynn” for brevity) owns tbe land, and Bircb Valley Lumber Company owns tbe timber, 12 inches and up in diameter, measured two feet above tbe ground, on a tract of 202]4 acres in Summersville District in Nicholas County deeded to tbe former by metes and bounds in 1912, by John D. Corbett. Tbe bill charges that Flynn since that date has bad actual, open, notorious, adverse and exclusive possession thereof and has paid all taxes assessed…