Matoaka Coal Corp. v. Clinch Valley Mining Corp.
Court of Appeals of Virginia
Error to a judgment of the Circuit Court of Tazewell county, in an action of ejectment. Judgment for plaintiff. Defendant assigns error.
Read the full summary
Error to a judgment of the Circuit Court of Tazewell county, in an action of ejectment. Judgment for plaintiff. Defendant assigns error. The instructions given at the instance of the plaintiff were: No. 1. The court instructs the jury that if they believe from the evidence that the defendant company ceased to mine and ship coal from the leased premises described in the deed of lease introduced in evidence in this case, from the 11th day of August, 1916, to or after the 12th day of November, 1916, they shall find for the plaintiff unless the jury believes that the plaintiff waived this cause…
1Opinion of the CourtKelly, J.
*533This is an action of ejectment brought by the Clinch Valley Mining Corporation against the Matoaka Coal Corporation to enforce the forfeiture of a lease of coal land and regain possession of the leased premises. These corporations will hereinafter, for convenience and brevity, be designated as plaintiff and defendant. There was a verdict and judgment for the plaintiff, and the defendant brings the case here upon a writ of error.
The plaintiff is the owner of a tract of coal land in Tazewell county, which, in July, 1913, it leased in writing to one Thomas P. Boswell for a period of thirty…
2Cases cited7 opinions
- Walton, Witten & Graham v. Miller's AdministratrixSupreme Court of Virginia · 1909
- Payne v. ZellSupreme Court of Virginia · 1900
- Virginia Railway & Power Co. v. HillSupreme Court of Virginia · 1917
- Barbour v. StateCourt of Appeals of Georgia · 1910
- Prunty v. Mitchell & CobbsSupreme Court of Virginia · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sims v. CommonwealthSupreme Court of Virginia · 1922
- State v. JonesWest Virginia Supreme Court · 1919
- Wallen v. CommonwealthSupreme Court of Virginia · 1922
- Atkinson v. NeblettSupreme Court of Virginia · 1926
- Vineyard v. CommonwealthSupreme Court of Virginia · 1925
2 more not listed; retrieve them via the Exa API.