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KISER v. CLINCHFIELD COAL CORPORATION

106 S.E.2d 601 (1959)

200 Va. 517

Mont B. KISER et al. v. CLINCHFIELD COAL CORPORATION.

Supreme Court of Appeals of Virginia.

Rehearing Denied March 11, 1959.

Attorney(s) appearing for the Case

S. H. Sutherland, Clintwood (S. H. & George C. Sutherland, Clintwood, on brief), for appellants.

William A. Stuart, Abingdon (Penn, Stuart & Phillips, Abingdon, on brief), for appellee.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD, and I'ANSON, JJ.

WHITTLE, Justice.

On October 26, 1951, Clinchfield Coal Corporation, hereinafter called Clinchfield, filed a bill in chancery against Mont B. Kiser, et al., alleging title to the coal and minerals underlying a tract of 117 acres of land in Dickenson county, and also claiming title to a two-fifths interest in the surface thereof. The bill further alleged that Mont B. Kiser and his lessees (appellants here) were mining coal and trespassing upon said land.

Upon...

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