Virginia Iron, Coal & Coke Co. v. Martin

CLAY, Commissioner.

Plaintiff appellees brought this suit against appellant Company to recover substantial damages for coal mined on a six acre tract of land allegedly owned by plaintiffs. The trial court found plaintiffs to be the owners of the tract and awarded them damages of approximately $3,600. The Company appeals on the ground plaintiffs failed to establish their title and the latter cross-appeal on the ground the damage award was insufficient.

It is our opinion that one of the Company’s defenses was sufficient to defeat plaintiffs’ claim of ownership.

We will assume plaintiffs had a…