STANLEY, Commissioner.
The appellant, Peabody Coal Company, as plaintiff, asserted title to a certain 29.07 acres on Laurel Branch on Crank's Creek of Martin's Fork of Cumberland River in Harlan County, and prayed a judgment ejecting the appellee, George Rutter, and enjoining him from mining coal therefrom.
The appellee, Rutter, as defendant and cross-claimant, asserted title and prayed to be adjudged the owner of 9 acres lying within that boundary.
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