Dyer v. United Fuel Gas Co.

MOORE, District Judge.

This is an action for a declaratory judgment, under Title 28 U.S.C.A. §§ 2201, 2202, instituted by plaintiffs, as citizens of Ohio against defendant as a citizen of West Virginia, praying for a decree declaring their title to the minerals in a 181% acre tract of land situate in Wayne County, West Virginia, to be good and valid; and seeking cancellation, as a cloud upon their title, of a “severance” deed dated August 15, 1879, executed by defendant’s predecessors in title.

The tract in dispute lies within the outer boundaries of a 550 acre tract granted to one George…