McDonough Co. v. EI DuPont DeNemours & Co., Inc.

Harshbarger, Chief Justice:

McDonough Company sought trespass damages of $487,000 and a declaratory judgment about ownership of sand and gravel on Blennerhassett Island. E. I. duPont deNemours & Company counterclaimed for a declaratory judgment about ownership of surface and sand and gravel rights. The trial court declared the parties’ rights, from which plaintiff excepts and appeals. (The trespass is not involved here.)

I

On April 18,1960, Kanawha Sand Company deeded three tracts on the island to James E. Sands with the following relevant exceptions and reservations:

1. The said party of the…