Herrel v. Porter

Opinion by

Judge Cofer:

The appellees allege that they are heirs of V. M. Porter, but this is a mere conclusion of law. Lame, et al, v. Hays, et al., 7 Bush 50, and authorities there cited. But the petition also contains an allegation that they are the owners of the coal reservation sued for, and if it had stopped there, it would have been good.

But reference is made in the petition to a deed from Work and Porter to Martin, for the land under which the coal is situated, and this deed being made a part of the petition, and the reservation of the coal therein made being the foundation of the…