Rolfe Coal Mining Co. v. Redden

Woods, Judge:

This action was instituted in the circuit court of Baleigh county to recover 2,000 acres of land described in the declaration, which is alleged to be unlawfully withheld from the plaintiff. The defendants disclaim as to all but 550 acres. A verdict was directed for the plaintiff, and defendants complain of the judgment entered thereon. •

This' controversy arises out of a certain creditor’s suit, to-wit: Francis & Dushane v. Wilhelm et al., pending in the circuit court of Raleigh county from 1879 to 1884. The court in that case, being of opinion that a partition should be had…