Floyd Elkhorn Consolidated Collieries v. Martin

Opinion of the Court by

Judge Logan

Reversing.

These two cases, by agreement of parties, will be heard together and disposed of in one opinion. They were tried together in the court below. The appellees are brothers. They have several brothers and sisters. Their father, Alamander Martin, with his children, executed a coal lease in February, 1917, to one Emil Von Emert and certain associates of his. This lease was assigned and transferred to the Drift Coal Company, which put in a coal-mining plant on the leasehold and operated it for about a year, when it assigned and transferred the lease to the…