Layne v. Ruth Elkhorn Coals

Opinion op the Court by

Clay, Commissioner

Affirming.

This suit was brought by appellants, the heirs of one Lindsey Layne, to recover damages for coal mined by appellees on a tract of land allegedly owned or possessed by appellants, and to obtain an injunction. The trial Court dismissed the petition.

On this appeal appellants make two contentions: (1) they proved title by adverse possession to the land under which appellees carried on mining operations, and (2) if title was not established, they were actually in possession of the land and appellees were trespassers.

In 1866 the Commonwealth of…