The District Court rendered judgment in favor of Taylor Crate, and, on appeal to the United States Circuit Court of Appeals for the Sixth Circuit, the judgment was affirmed. Pioneer Coal Company v. Taylor Crate, 5 F.2d 770. This action was brought by the Pioneer Coal Company of Kentucky and the Pioneer Coal Company of Delaware against A.J. Asher to recover on the covenant of warranty contained in the deed of May 10, 1907.
When the notice was served upon Asher, he came forward and assisted in the defense of the action. It resulted, however, in a judgment in favor of Taylor Crate, which was affirmed by the United States Circuit Court of Appeals for the Sixth Circuit. Pioneer Coal Co. v. Taylor Crate, 5 F.2d 770. The mandate of the United States Circuit Court of Appeals was filed on June 23, 1925. This action was instituted on December 7, 1925, by the Pioneer Coal Company of Kentucky and the Pioneer Coal Company of Delaware against A.J. Asher to recover damages upon the covenant of general warranty contained in the deed of May 10, 1907, and for costs and counsel fees incurred and expended in defending the action by Taylor Crate.