May v. Wolf Valley Coal Co.

*526Opinion op the Court by

William Rogers Clay, Commissioner

Affirming.

This action by plaintiffs, James May and John Moore, against defendant, Wolf Valley Coal Company, involves the title to a small tract of land located in Breathitt County on the North Fork of the Kentucky River. At the conclusion of the evidence, the trial court peremptorily instructed the jury to find for plaintiffs as to three-tenths of an acre of ground and dismissed the petition as to the remainder of the land in controversy. Plaintiffs appeal.

Plaintiffs claim title under a patent for 50 acres granted to Allen Moore on…