England v. Central Pocahontas Coal Co.

MilleR, Judge:

In responding to.the questions certified we are called upon to say whether the declarations, as the circuit court determined they were, are good upon demurrer.

Both declarations are substantially alike except as to the. persons of the plaintiffs and the names of their deceased relatives for the invasion and desecration of whose graves these actions were brought. It is averred in each case that many years prior to 1880 there was set apart and dedicated as a burying ground or cemetery a lot or parcel of land in McDowell County, about one hundred yards from the mouth, of Upper…