Ark Land Company v. Harper
Supreme Court of Appeals of West Virginia
599 S.E.2d 754 (2004)
In 2001, Ark Land Company (Ark Land) (defendant) purchased a portion of property belonging to several members of the Caudill family. The Caudill family had exclusively owned the land in West Virginia for nearly 100 years. Ark Land sought to purchase the remainder of their property from the other Caudill family members in order to extract coal from the entire property. The remaining members, however, refused to sell their land. Ark Land thereafter filed a suit to partition and sell the property. The Caudill family, in turn, sought partition in kind. During proceedings, the Caudill family presented expert testimony stating that the property could be partitioned in kind. But Ark Land presented expert testimony calculating that partition in kind would result in an increase of several million dollars in mining costs. The circuit court ruled that partition in kind was inconvenient and ordered the partition and sale of the property.
Rule of Law
Holding and Reasoning (Davis, J.)
Concurrence (Maynard, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.