Douglass v. Loftus

The opinion of the court was delivered by

Porter, J.:

In this suit Mrs. Douglass, as executrix of her husband’s estate, seeks to recover from certain stockholders of the Leavenworth Coal Company the *722amount of a judgment against the company in favor of her husband rendered in his lifetime. The petition recites that for a long time prior to 1899 the Leavenworth Coal Company, by means of subterranean and hidden tunnels and underground workings had secretly trespassed upon and into the coal beds on the land of John C. Douglass, and had carried away and converted his coal to its own use; that in…