Lansburgh v. McCormick
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Southern District of West Virginia, at Charleston; Henry Clay McDowell, Judge. Suit in equity by Sidney Uansburgh, administrator of the estate of Max Uansburgh, deceased, Rebecca Uansburgh, widow, and Sidney Uansburgh and others, heirs at law of Max Uansburgh, against Henry B. McCormick, Vance C. McCormick, William M. Ritter, and the Pocahontas Coal & Coke Company. Decree for defendants, and complainants appeal.
1Opinion of the Court
WOODS, Circuit Judge.
The primary issue in this cause is whether the Pocahontas Coal & Coke Company has acquired the title of Max Uansburgh to a tract of land containing about 44,000 acres. This issue depends on the validity of two sales of the land as the property of Uansburgh, under which the coal company claims; one a sale by the order of the District Court October 20, 1897, of 16,504 acres, and the other a tax sale of the entire tract December 13, 1897. Uansburgh filed his bill on July 11, 1907, to set aside these sales. Henry McCormick, who was the purchaser at both sales, having died,…
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