Rust v. Commercial Coal & Coke Co.

MeRedith, Judge:

Plaintiff brought suit to partition a tract of 165 acres of Pittsburgh coal located near Clarksburg. He claims an up-divided half thereof and concedes that the other half belongs to defendant, Commercial Coal & Coke Company; that company filed its answer claiming title to all the coal. On final hearing the court entered a decree dismissing plaintiff’s bill for want of equity. Plaintiff appealed.

The following facts appear:—

1. By deed dated December 16, 1857, Truman Gore and wife conveyed to their daughter, Susan L. Gore, the 165 .acres, the deed containing the following…