Bennett v. Howard

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming on the original appeal and reversing on the cross-appeal.

Jacob Howard, Ellen Howard and Henry Howard brought this suit against Samuel Bennett, H. B'. Jones and the Black Mountain Coal Company to recover royalties on a coal mining lease alleged to be due for the years 1914 and 1915, and were awarded a judgment for $1,668.25, together with interest and costs. The defendants appeal, and plaintiffs prosecute a cross-appeal.

It appears that on January 14, 1911, plaintiffs leased a certain tract of land to the defendants, Samuel…