Bennett v. Smith

Haymond, Judge:

This proceeding was instituted in the Circuit Court of Harrison County in August, 1950, to obtain a declaratory judgment to ascertain the meaning and the effect of various provisions in certain deeds and to determine the ownership of an undivided one half interest in coal underlying a tract of 36.9 acres of land, which interest is claimed by the plaintiff Bert Bennett and also by the defendant William Winter Smith. From a final judgment entered April 24,1951, which declared the plaintiff to be the owner of the undivided interest in the coal involved, the defendant prosecutes…