Peabody Coal Co. v. Rutter

STANLEY, Commissioner.

The appellant, Peabody Coal Company, as plaintiff, asserted title to a certain 29.07 acres on Laurel Branch on Crank’s Creek of Martin’s Fork of Cumberland River in Harlan County, and prayed a judgment ejecting the appellee, George Rutter, and enjoining him from mining coal therefrom.

The appellee, Rutter, as defendant and cross-claimant, asserted title and prayed to be adjudged the owner of 9 acres lying within that boundary.

The case was tried by Judge Astor Hogg as a circuit judge. He filed an opinion stating his findings of fact and conclusion that neither party had…