Interstate Coal & Iron Co. v. Clintwood Coal & Timber Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Dickenson county, in an action of ejectment. Judgment for defendants. Plaintiff assigns error. After all the evidence was in, the court, on the motion of the plaintiff and of the defendants, respectively, gave the following instructions: PnAIUTIEE's InSTBUOTIOWS.
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Error to a judgment of the Circuit Court of Dickenson county, in an action of ejectment. Judgment for defendants. Plaintiff assigns error. After all the evidence was in, the court, on the motion of the plaintiff and of the defendants, respectively, gave the following instructions: PnAIUTIEE's InSTBUOTIOWS. “(1) The court instructs the jury that all written instruments should be construed according to their true intent and meaning, and further tells the jury that it is the province of the court to determine the true intent and meaning of all written instruments introduced in evidence. And the…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
This is an action of ejectment, brought by plaintiff in error, to recover a certain tract of land lying in Dickenson county, and the real subject of controversy is the coal underlying the surface rather than the surface itself; the claim upon the part of plaintiff in error being that the coal and the surface are held by distinct titles, and that while defendants in error may be the owners of the surface, they wrongfully claim the minerals beneath it.
Upon the trial there was a verdict and judgment for the defendants, and a writ of error was allowed…
2Cases cited1 opinion
- Persinger's Adm'r v. ChapmanSupreme Court of Virginia · 1896
3Cited by13 opinions
- Virginia Coal & Iron Co. v. HyltonSupreme Court of Virginia · 1913
- Hanger v. CommonwealthSupreme Court of Virginia · 1908
- Yellow Poplar Lumber Co. v. Thompson's HeirsSupreme Court of Virginia · 1908
- United Fuel Gas Co. v. DyerCourt of Appeals for the Fourth Circuit · 1950
- Virginia Coal & Iron Co. v. Richmond & Clinchfield Coal Corp.Supreme Court of Virginia · 1920
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