Huntington Development & Gas Co. v. Stewart

NORTHCOTT, Circuit Judge.

This is an action of ejectment instituted by appellant, a Delaware corporation, in the District Court of the United States for the Southern District of West Virginia, against appellee and four other defendants. Trial was had as to Allie Stewart, appellee, alone, and was as to the mineral estate underlying a 31-acre tract of land claimed by her, situate in Lincoln county, W. Va. No claim was made by the appellant as to the surface. The appellee, who will be referred to as the defendant, claimed the land in fee simple.

The plaintiff and defendant have a common source for…