Greenbrier independent. [volume] (Lewisburg, Va. [W. Va.]) 1859-1980, 1920-09-03
An lNPCsTAkT DECISION.


publish below ~: GEORGE as enter
ed in fun.
We understand hGt an injunction
was awarded HE Sun Lumber Com
pany. enj0inirg the Nelson Fuel
Company from cutting any Of The
timber II inches and over from the
lands leased by the Gauley Coal
Land Company TO the Nelson Fuel
Company. the mineral underlying
which. together with all timber re-
quircd to mine and remove the
same, was granted by &. l.. Nc
Chung and wife to the Gaulcy Com
pany long prior 10 a conveyance by
the Meetings. of timber on about
six thousand acres Gncluding the
Nelson Fuel Company's lcases) to
the Sun Lumber Conpany's pre-
dcccsSorS in title.
This INJUNCTION was Dissolved
by the Court and the tile Of the
Nelson Fuel Company to the tim
Der, required by it for mining
purposes, is declared TO be para
mount and superior to that Of the
Sun Lumber Company, and gives
the Nelson Fuel Company the right
to cut all of the timber on the
land
The Court also construed con-
tract made by G.. l.. McClung in
1897 to Mrs. Amanda Shawver (now
his wife) holding that ii is not a
deed but only an agreement to con-
vey to Mrs. Shawver life estate
in the land. with reverSion in c. L..
McClung. That their respective
children took no estate or interest
whatever in the lands mentioned
in this contract.
This latter point removes the
clouds upon the title of the Nc
Ciung grantees created by claims
of his children and descendants,
and also those set up by the chill
dren and descendants of Mrs.
Amanda (Shawver) McClung. .
Attorneys engaged in the case
For Sun Lumber Gov. E. Hay
mond. Sutton, and S. Nj. Austin,
Lewisburg. Nelson Fuel Co.'s
enton & Lee, Fayetteville, and S.
n. Pace, Lewisburg. For Gauley
Coal Land Co.-Brown, Jackson,
4 Knight, Charleston. For c. L.
McClung and Amanda McClung-
Frank r. Hill, Marlinton. For
Mamie Shaver Cook, Voney Drys-
dale, and Hubert N. Shawver-R.
ID: Bailey and J. Albert Toler, Pine
vile.
VS.. In Chancery.
This cause came on this 3Oth day
Of August, 1920, to be heard on the
Bill of Complaint of Sun Lumber
Company, filed at October Rules,
1919, and exhibits Herewith filed,
with order of Injunction awarded
thereon; on the process on said bill
and injunction ordered duly served
on the defendants thereto; the sepa-
rate remurrer, answer and cross
bill, together with all eleven ex-
hibits filed Herewith of Nelson Fuel
Company, together with process
duly served on all defendants named
therein except non-residents, and
order of publication duly matured
and executed as to said non-resi-
dent defendants named in said cross
Dill; the answer Of Charlie Bryant
an infant, by H. c: Skaggs, his
guardian ad Item, and II. C. Skaggs,
guardian ad Item for said Charlie
Bryant; the answer of all unknown
grandchildren of G. l.. McClung and
Amanda McClung by H. G.. Skaggs
their guardian at litem, and answer
OF II. L: Skaggs guardian al Item
TOR said unknown grandchildren
the Joint and separate demurrer and
answer Of Mamie Cook, Perry C..
Cook, Voney Drysdale, Charles
Drysdale and Hubert n. Shawver,
together with all exhibits filed there
with to the Bill of Complaint of the
Sun Lumber Company and also the
general replication of the Sun Lum-
Der Company to the answer and
cross bill of the Nelson Fuel Com
pany, and also TO the answer in the
nature of Cross Bill filed herein by
me Nelson Fuel Company; and also
the general replication of the Sun
LUMBER Company; and the demur-
rer and special replication of Mel
swer Of Mamie Cook, ct ais; the de.
murrer and replication of GauIcy
Coal Land Company to the answer
and cross bill filed by Mamie Cook,
ct ais, together with the sixteen cx-
hlbIts filed by said Gauley Coal
Land Company, herewith; the sep
arate demurrer and answer of C.. l.
McClung to the answer in The nature
Of cross bill filed by the Nelson Fuel
Company rendered in open court
May y, 1920, and the objections ia
me Hing of said answer made by
me Nelson Fuel Company and the
!rauleey Coal Land Company i'm writ.
ing; filed same date; also the special
|repiicatIon of Sun Lumber Company
10 me answer and cross bill OF
nelson Fuel Company; the deDosi.
mons and exhibits Herewith FOR
both plaintiffs and defendants div
taken and fled herein; the ccrliii.
cate OF the Clerk of the County
Gourt OF Greenbrier County as 10
ane taxation; and upon all orders
ana decrecS heretofore entered in
ms cause; and all papers filed here
~ ~, ana upon arguments of council