Kernkamp v. Wellsville Fire Brick Co.

This action was brought to recover for an alleged conversion of fire clay and for damage to land from which the fire clay was mined. A jury was waived and the ease tried to the court, resulting in a finding and judgment for respondents and against appellant herein, the Wellsville Fire Brick Company, a corporation.

Respondents claim the land and fire clay in question by virtue of a tax deed; and appellant claims title to the fire clay on the land, and easement rights connected therewith, under a warranty deed executed prior to respondents’ tax deed, and which warranty deed conveyed outright all…