Drake v. O'Brien

Woods, Judge:

This cause comes here on certificate. The sufficiency of the amended bill is challenged by demurrer, the court below finding no equity in the pleading. This cause has been here before. Drake v. O’Brien, 83 W. Va. 678. The facts on which the litigation is founded are thus stated there by the Court with perspicuity:

“This appeal seeks review of three decrees entered, respectively, March 19, 1914, April 6, 1917, and March 28, 1918. The last one awarding the plaintiffs a right of accounting for oil, coal and timber taken from a tract of land containing about 1,000 acres, throughout a…