Browning v. Boswell
Court of Appeals for the Fourth Circuit
Appeals from the District Court of the United States for the West-tern District of Virginia, at Uynchburg; Henry Clay McDowell, Judge. Suit in equity by Thomas T. Boswell, Merville H. Carter, and Andrew C. Snyder against the Big Vein Pocahontas Coal Company, in which Ollie H. Browning, and James S. Browning, Jr., an infant, by James S. Browning, his next friend, were interveners. Suit by the Colonial Trust Company against the Big Vein Pocahontas Coal Company.
Read the full summary
Appeals from the District Court of the United States for the West-tern District of Virginia, at Uynchburg; Henry Clay McDowell, Judge. Suit in equity by Thomas T. Boswell, Merville H. Carter, and Andrew C. Snyder against the Big Vein Pocahontas Coal Company, in which Ollie H. Browning, and James S. Browning, Jr., an infant, by James S. Browning, his next friend, were interveners. Suit by the Colonial Trust Company against the Big Vein Pocahontas Coal Company. Suits consolidated. From the decree, interveners appeal.
1Dissent
WOODS, Circuit Jüdge
(dissenting). The importance of the issues involved in this appeal seem to justify a statement of my reasons for dissent.
On March 12, 1909, Mrs. Ollie H. Browning, James S. Browning, her husband, and James S. Browning, Jr., an infant son, by Mrs. Ollie H. Browning, his guardian, made a contract with Thomas T. Boswell by which they agreed to sell to Boswell coal known as the “Pocahontas” or “No. 3” seam in lands particularly described in the contract, together with machinery, live stock, and other personal property, and to lease the’ lands for the purpose of mining the coal…
2Cases cited18 opinions
- United States v. CarterSupreme Court of the United States · 1910
- Sigafus v. PorterSupreme Court of the United States · 1900
- Smith v. RichardsSupreme Court of the United States · 1839
- Warren v. StoddartSupreme Court of the United States · 1882
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
13 more not listed; retrieve them via the Exa API.