Sudduth Coal Co. v. Gates

Opinion of the Court by

Judge Clay

Affirming.

C. M. Gates and Thomas Hatfield sued the Sudduth Coal Company to recover on a note for $500.00, which the company had executed for royalties due under a coal mining lease made by plaintiffs to .defendant. The defendant admitted the debt, but defended on the ground that the property leased formerly belonged to the heirs of John W. Smith, and that the partition proceeding, by which the title passed to plaintiffs, was not valid as to the infant owner, Orville Smith, for whom no defense was made. The answer further alleged that the partition was…