Black Star Corp. v. Napier Same v. Bailey

Opinion op the Court by

Judge Sims

Affirming.

These two actions were consolidated and heard together in the circuit court. In the first styled case the Black Star Coal Corporation, hereinafter referred to as the Company, sought to enjoin Pearl and Frank Napier from cutting timber upon certain land, the fee of which was in the Company. The Napiers asserted no claim to the timber but averred in their answer that they went on the land under authority from the heirs of W. E. McCoy. The McCoy heirs brought the second action to enjoin the Company from interfering with their removing the timber from…