Treece v. Southern Gem Coal Corp.

On July 1,1908, George A. Brown, being the owner of 40 acres of land in Franklin county, let and demised to Thomas Horn and Jesse Diamond the coal underlying said premises, the lease providing for the recovery of “all coal that could be economically mined” on a royalty basis. This lease was assigned to the West Frankfort Coal Company, appellant herein. Under this lease appellant mined and removed all the coal from under the land here involved.

After the coal underlying the premises had been removed Brown sold and conveyed the surface of the land to Bolla M. Treeee and Everett B. Brown. These…