Bath Hardwood Lumber Co. v. Back Creek Mountain Corp.

We state certain facts antecedent to this litigation,, not because we think they materially affect the precise legal propositions here involved, but because they are relied upon by the appellant, recited by the appellee, and are enlightening because they show the previous relations of the parties to each other and to the subject-matter.

Robert Patton, Jr., secured a patent to 45,000' acres of land in what is now Bath and Highland *283counties, Virginia. Some time prior to 1903, H. H. Achenbach and others acquired title to 30,000 acres, more or less, thereof, by several deeds from Fidelity Title…