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BENNETT v. SMITH

No. 10406.

69 S.E.2d 42 (1952)

BENNETT v. SMITH.

Supreme Court of Appeals of West Virginia.

Decided February 19, 1952.

Attorney(s) appearing for the Case

Wyatt & Randolph, Clarksburg, for appellant.

Creed S. Simons, Clarksburg, for appellee.

HAYMOND, Judge.

This proceeding was instituted in the Circuit Court of Harrison County in August, 1950, to obtain a declaratory judgment to ascertain the meaning and the effect of various provisions in certain deeds and to determine the ownership of an undivided one half interest in coal underlying a tract of 36.9 acres of land, which interest is claimed by the plaintiff Bert Bennett and also by the defendant William Winter Smith. From a final judgment entered April...

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