Earlston Coal Co. v. Huntington Nat. Bank of Columbus

MOORMAN, Circuit Judge.

The Earlston Coal Company subleased to the Himler Coal Company eighty acres of land upon a royalty basis. The Himler Company owned all the stock of the Kermit-War-field Bridge Company. The latter company and a subsidiary of the Norfolk & Western Railway Company owned a railroad bridge wMeh was subject to a mortgage. The Himler Company being in default in the payment of its royalties, the Earlston Company,' on July 25, 1924, gave the sixty-day notice provided in the sublease of its intention to declare a forfeiture. At the expiration of the sixty days the Earlston…