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FORDSON COAL CO. v. JACKSON

No. 5154.

32 F.2d 1000 (1929)

FORDSON COAL CO. v. JACKSON.

Circuit Court of Appeals, Sixth Circuit.

June 6, 1929.

Attorney(s) appearing for the Case

J. G. Bruce, of Pineville, Ky. (Cleon K. Calvert, of Pineville, Ky., Clifford B. Longley, of Detroit, Mich., and Wallace R. Middleton, of Detroit, Mich., on the brief), for appellant.

Martin T. Kelly, of Pineville, Ky., for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

After the decision of this court in 7 F.2d 117, the Fordson Coal Company was substituted for George V. Turner as plaintiff in the court below. Trial was then had without further change in the pleadings. The land in dispute is within the boundary of a patent issued by the state of Virginia to Benjamin Say. The plaintiff claimed title through a sale of this grant to Turner made pursuant to a judgment rendered...

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