Carter v. Elk Coal Co.

Opinion of the Court by

Judge Carroll

Affirming.

This suit was brought by the appellants to recover from the appellees $6,600, the value of the coal alleged to have been wrongfully taken by the appellees from land claimed by the appellants. The title of the appellants to the land from which the coal was taken was put in issue by the appellees, who themselves set up ownership of the land, and on a trial before a jury, after the evidence for the appellants was all in, the trial judge directed a verdict for the appellees.

The appellants claim the land under a patent issued to Benjamin Goodin in…