Koch v. Maryland Coal Co.

This action of trespass guare clausum, fregit was brought by the appellant's against the appellee. The trespass complained of consisted in mining coal on part of a tract of land called “ Republic.” Title to the locus in quo was claimed by the plaintiffs under the patent for Republic,” *129and by the defendant under a patent for a tract called “ Mount Pisgah.”

Defence on warrant was taken, under which locations were made by both parties and plats returned by the surveyor. At the trial after the evidence on both sides was closed, the plaintiffs asked for two and the defendant for seven instructions…