Howard v. Carmichael

Opinion op the Court by

Stanley, Commissioner

Affirming.

This appeal is a continuation of a suit in which a judgment was reversed in Carmichael v. Old Straight Creek Coal Corp., etc., and Howard, etc. v. Cary-Glendon Coal Company, etc., 232 Ky. 133, 22 S. W. (2d) 572.

As will be learned from that opinion, the major portion of the land of Daniel Howard was partitioned between his widow and thirteen children. A few years later the survivors executed a mining lease for the entire boundary as a unit. This lease came into the ownership of the coal companies, which entered upon mining activities. It…