Embleton v. McMechen

Besides the legal question involved in this controversy, the Court of Appeals determined two issues of fact: First, that the defendant Slater had purchased four shares of stock held by one of the original stockholders; and, second, that the two defendants named had violated the terms of the agreement, and thereby forfeited a one-half interest in the premises to plaintiffs, and awarded partition accordingly.

It is claimed by plaintiffs in error that under the deed to them from the Eureka Coal Company, dated June, 1904, they obtained the fee-simple title to the premises and that the forfeiture…