Brooks v. Lower Elkhorn Coal Corporation

Opinion op the Court by

Judge Dietzman

— Affirming.

Appellant, plaintiff below, brought this suit to enjoin the sheriff of Pike county,, one of the appellees herein, from executing a writ of possession ousting her from the premises described in her petition and from placing his co-appellee, the Lower Elkhorn Coal Company, in possession thereof. Her petition being dismissed she has appealed.

From the pleadings and the scant proof taken herein, it appears that on February 18,1915, Al Swinney and his wife executed to W. O. & H. V. Brothers a coal mining lease on 9 acres, more or less, of certain…