United Fuel Gas Co. v. Dyer

PARKER, Chief Judge.

This is an appeal from a judgment for plaintiffs in a suit for a declaratory judgment to the effect that plaintiffs are the owners of the mineral interests -underlying a tract of land in West Virginia and for the cancellation as a cloud upon title of a deed from defendant’s predecessors in title severing the mineral interests and conveying the surface interests to another. The case was heard without a jury and there is no dispute as to the controlling facts. Plaintiffs admitted that the documentary title of defendant was superior to their’s but based their claim on adverse…