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acres action adverse possession agreement alleged amended appears assumpsit avers beneﬁt bill bond Boone county cause certiﬁed charged CHARLESTON Charlotte Brown circuit court claim coal Cobbs Code Company contract conveyed conviction county court damages deceased declaration decree deed defendant defendantís deﬁnite demurrer error evidence facts fendant ﬁled ﬁnd ﬁre ﬁrst ﬁve ﬁxed grant grantors H. P. Tompkins held indictment instruction JUDGE judgment jurisdiction jury Kanawha County land lease Lemley levy liquor mandamus ment minerals Monongalia County moonshine motion negligence notice oﬁice oﬂice oil and gas overruled owner parties payment person plaintiff plaintiff in error plaintiﬁ plea plea in abatement pleaded possession purchase question reason refused Reversed rule says speciﬁc statute statute of frauds street suﬂicient suit sustained term testiﬁed therein thereof tion tract trial trust verdict warrant West Virginia Wetzel County writ