Central Coal & Coke Co. v. Penny
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Arkansas. Action by William Penny and Ben Hubbard, trustees of Cherokee Chapel Church, against the Central Coal & Coke Company. Judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
The trustees of the Cherokee Chapel Church have recovered a judgment against the Central Coal & Coke Company for its conversion of coal which it removed from beneath two acres of land which have been occupied by the plaintiffs as a cemetery and the site for their church for more than 20 years. At the trial, the Coal Company admitted that it had removed the coal out of this land; but it challenges the judgment against it on several grounds, the chief of which are that there was no substantial evidence of title by purchase in the trustees of the church, or of an…
2Cases cited13 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Stone v. United StatesSupreme Court of the United States · 1897
- Fletcher v. FullerSupreme Court of the United States · 1887
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- United States v. ChavesSupreme Court of the United States · 1895
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3Cited by12 opinions
- Larry Howard Homan v. United StatesCourt of Appeals for the Eighth Circuit · 1960
- Probst v. BearmanSupreme Court of Oklahoma · 1919
- Barnes v. Winona Oil Co.Supreme Court of Oklahoma · 1921
- Liberty Bell Gold Mining Co. v. Smuggler-Union Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Elkhorn-Hazard Coal Co. v. Kentucky River Coal CorporationCourt of Appeals for the Sixth Circuit · 1927
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