Kuhn v. Chesapeake & O. Ry. Co.

PARKER, Circuit Judge.

This is an appeal from a judgment for plaintiff in an action of ejectment. The land in controversy consists of about 9 acres lying on Big Coal River in West Virginia and formerly constituting a small island between two branches of that river. It was part of a larger tract of land which formerly belonged to one Andrew Jarrell and which was divided in the year 1891, the portion on the left of the river, going down, being conveyed to the predecessor in title of plaintiff and the portion on the right to the predecessors in title of defendants. In the course of a flood in the…