Green River Coal Mining Co. v. Brown

Opinion of the Court by

Judge O’Rear

Affirming.

Dudley & Grogg, assignors of appellant Green River Coal Mining Company, optioned from appellee the coal privileges on a tract of 250 acres of land on Green river in Ohio county.

The option agreement provided that upon its acceptance by the optionees they, and their assignees, should have the privilege of mining and removing from the land all the coal underlying it, and the right to use the land for passway for other coal mined by them on other land, as well as for purpose of ventilating mines on other lands. Only the area underlaid with coal was to…