French v. Pocahontas Coal & Coke Co.
West Virginia Supreme Court
Appeal from Circuit Court, McDowell County. Bill in equity by Marion French and others against the Pocahontas Coal & Coke Company and others. From a decree dismissing the bill, plaintiffs appeal.
1Opinion
ON REHEARINfl.
The argument submitted for the appellants, on the rehearing *231allowed in view of the importance of the principle enunciated in the foregoing opinion, although supported by a good many precedents, is highly technical and wholly ignores and puts out of view the equitable considerations underlying the interpretation the court has put upon the statute under which the sale was made. We are not at all convinced that the basis of the Virginia decisions cited in the opinion has been misapprehended. ■ They treated the sales as having been previously made without authority and sanctioned…
2Cases cited11 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- Faulkner v. DavisSupreme Court of Virginia · 1868
- United States Ex Rel. Hine v. MorseSupreme Court of the United States · 1910
- Hoback v. MillerWest Virginia Supreme Court · 1898
- Cooper v. HepburnSupreme Court of Virginia · 1860
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