Franklin Coal Co. v. McMillan
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. Lewis B. McMillan being seized in fee simple of certain lands lying in Garrett County, known as “ Joseph’s Farm,” which included military lots Nos. 3836 and 3837, devised the same to Elizabeth McMillan, his wife, for life and after her death to the appellees, William McMillan and Kate. Coyner their only children, in fee. This was an action on the case brought by the appellees to recover damages of the appellant.
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Appeal from the Circuit Court for Allegany County. Lewis B. McMillan being seized in fee simple of certain lands lying in Garrett County, known as “ Joseph’s Farm,” which included military lots Nos. 3836 and 3837, devised the same to Elizabeth McMillan, his wife, for life and after her death to the appellees, William McMillan and Kate. Coyner their only children, in fee. This was an action on the case brought by the appellees to recover damages of the appellant. The declaration averred that said lands were underlaid with valuable veins and seams of coal and other minerals, but had no mines or…
1Opinion of the CourtBartol, C. J.
Eor the reasons stated in the opinion of our brother Robinson, we all agree that the instructions given to the jury by the Circuit Court, in regard to the locations made *557by the plaintiffs and defendant, were correct, and that it was not error to grant the first, fourth, sixth, seventh, eighth and ninth prayers of the plaintiffs, and also that the second and third prayers of the defendant were properly refused.
We are also of opinion that the evidence offered by the plaintiffs, contained in the first bill of exceptions, was properly admitted for the purpose therein stated. But upon the question…
2Cases cited2 opinions
- Barton Coal Co. v. CoxCourt of Appeals of Maryland · 1873
- Maye v. TappanCalifornia Supreme Court · 1863
3Cited by17 opinions
- Swayne v. Lone Acre Oil Co.Texas Supreme Court · 1905
- Durant Min. Co. v. Percy Consol. Min. Co.Court of Appeals for the Eighth Circuit · 1899
- Parker v. Waycross & Florida RailroadSupreme Court of Georgia · 1889
- Hendrix v. StateCourt of Appeals of Maryland · 1952
- Blaen Avon Coal Co. v. McCullohCourt of Appeals of Maryland · 1883
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