Asher Coal Mining Co. v. Howard's Administratrix

Opinion of the Court by

Judge Sampson

Affirming.

The facts of this case are set forth in. the opinion delivered upon the first appeal, 215 Ky, 88. The lands involved were owned, one-sixth by Carter Howard and five-sixths by the Asher Coal Mining Company, as determined by the first appeal. The lower court directed a sale qf the lands for the payment of the debts of Carter Howard, deceased, in the settlement of his estate, and adjudged that the 100 acres in which he owned one-sixth and the Asher Coal Mining Company owned five-sixths, was indivisible,' being rough mpuntain land, good for coal and…