Thornbury v. Virginia Iron, Coal & Coke Co.

Opinion op the Court by

Judge Clay

Reversing.

In this action by James Thornbury against the Yirginia Iron, Coal and Coke Company to qniet his title to the minerals in a tract of land lying on the head of Laurel fork of Fed’s creek in Pike county, the petition was dismissed and Thornbury has appealed.

Appellant has title of record to the disputed boundary through the Ephraim Hackney 195 acre survey of October 19, 1870. Appellee claims title by adverse possession, by champerty and by virtue of a former adjudication between the parties. To sustain its claim of adverse possession and champerty it…