Perkins v. Southern Coal Corp.

DOBIE, Circuit Judge.

Julia M. Perkins instituted a civil action in the United States District Court for the Southern District of West Virginia for damages done by Southern Coal Corporation in removing the coal from 70 acres of coal land in McDowell County. She claimed title by reason of a deed from D. L. Payne to L. H. Payne, dated September 1, 1908, and the continued adverse possession thereof with payment of taxes from that date until this action was instituted. The' defendant admitted the removal of the coal from the tract of land, but claims that it did so under a lease from the…