Pioneer Coal Co. v. Ward

The appeal in this action in ejectment, determinable under Kentucky law, has been duly considered upon the record, the oral arguments, briefs and authorities submitted by attorneys, and upon the opinion of the District Court for the Eastern District of Kentucky, published in Pioneer Coal Co. v. Ward, D. C., 55 F.Supp. 625.

The conclusion has been reached that the motion to dismiss made by appellees, defendants below, was rightly sustained. We do not find, as contended by appellant, that the decision of the District Court conflicted with Tennis Coal Co. v. Sackett, 172 Ky. 729, 10 S.W. 130,…