Dell Coal Co. v. County Court of Boone County

Kenna, Judge:

Dell Coal Company brought this action of trespass on the case in the circuit court of Boone County.' From a judgment of nil capiat entered upon a directed verdict in favor of the defendant, the County Court of Boone County, the plaintiff below, Dell Coal Company, prosecutes this writ or error.

A demurrer having been sustained to the original declaration, an amended declaration was filed in which the Dell Coal Company sets up that it was the owner of all the mineral coal above the level of the mouth of Rock Creek in Boone County within a tract of 149 acres conveyed to Dell Coal'…