MOUNTAIN MISSION SCHOOL, INC. v. BUCHANAN RLTY. CORP.


151 S.E.2d 403 (1966)

207 Va. 518

MOUNTAIN MISSION SCHOOL, INCORPORATED v. BUCHANAN REALTY CORPORATION et al.

Supreme Court of Appeals of Virginia.

November 28, 1966.


Attorney(s) appearing for the Case

Carl C. Gillespie, Tazewell, George C. Sutherland, Clintwood (S. H. Sutherland, Clintwood, on brief), for appellant.

Majorie Coleman, Grundy (Pobst & Coleman, Grundy, on brief), for Buchanan Realty Corp.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.


SPRATLEY, Justice.

Lester Coal Company, Incorporated, instituted this proceeding by filing a petition against Mountain Mission School, Incorporated, and Buchanan Realty Corporation, praying for a declaratory judgment as to which of the two defendants was the rightful owner of the coal and minerals underlying 115.63 acres of land located on Knox Creek, in Buchanan County, Virginia. The petitioner alleged that it had leased the coal and minerals from each of the defendants...

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