Fordson Coal Company v. Roark

Opinion of the Court by

Judge McCandless

Reversing.

The Fordson Coal Company, defendant below, appeals from a judgment in favor of the heirs of John A. Roark, deceased, quieting title.' There are two parcels of land in dispute. As to' the first appellees introduced no evidence of title, either paper or possessory, and as the burden was upon them to do this, their action in this respect failed. Besides it is shown in evidence that it is included in the A. J. Asher patent of August 10, 1870, through which appellant claims; it being intimated, though not proven, that it is also within a junior…