HEIRS OF ROBERTS v. COAL PROCESSING

Record No. 850225.

369 S.E.2d 188 (1988)

HEIRS OF Galen M. ROBERTS v. COAL PROCESSING CORPORATION, et al.

Supreme Court of Virginia.

June 10, 1988.


Attorney(s) appearing for the Case

Joseph W. Kaestner, Theodore Tondrowski; Bell, Kaestner & Willett, Richmond, on briefs, for appellant.

Henry S. Keuling-Stout; Leslie M. Mullins, Mullins, Keuling-Stout, Thomason & Harris, Norton, on brief, for appellees.

Present: All the Justices.


RUSSELL, Justice.

This appeal concerns a factual situation which had its inception 114 years ago and arises from an action at law commenced 38 years ago. The sole question is whether the claims of additional plaintiffs, added 23 to 25 years after the action was originally filed, were barred by the statute of limitations. We hold that they were not.

In 1874, Galen M. Roberts owned a 1,000-acre tract of land lying within the present boundaries of Wise and Russell...

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