PERKINS v. SOUTHERN COAL CORP.

No. 6252.

190 F.2d 692 (1951)

PERKINS v. SOUTHERN COAL CORP.

United States Court of Appeals, Fourth Circuit.

Decided July 30, 1951.


Attorney(s) appearing for the Case

S. H. Sutherland, Clintwood, Va. (E. Z. Duty, Bradshaw, W. Va., B. F. Sutherland and George C. Sutherland, Clintwood, Va., on the brief), for appellant.

George Richardson, Jr., Bluefield, W. Va., and Joseph M. Crockett, Welch, W. Va. (J. M. B. Lewis, Jr., and Paul S. Hudgins, Bluefield, W. Va., on the brief), for appellee.

Before PARKER, Chief Judge and DOBIE, Circuit Judges, and TIMMERMAN, District Judge.


DOBIE, Circuit Judge.

Julia M. Perkins instituted a civil action in the United States District Court for the Southern District of West Virginia for damages done by Southern Coal Corporation in removing the coal from 70 acres of coal land in McDowell County. She claimed title by reason of a deed from D. L. Payne to L. H. Payne, dated September 1, 1908, and the continued adverse possession thereof with payment of taxes from that date until this action was instituted...

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