Stepp v. Pike County Board of Supervisors

Opinion op the Court by

Judge Moorman

Affirming.

The appellant, John Stepp, is the owner of 644.6 acres of land in Pike county. In 1904 lie leased to the Borderland Coal Company the exclusive right and privilege of mining and shipping all coal from the land, with the right to build houses, tipple, etc., on the surface. The lessee agreed to pay eight cents a ton royalty on all coal mined and shipped from the premises and to guarantee a minimum annual royalty after the third year of $3,000.00. The Borderland Coal Company later assigned the lease to the Borderland Coal Corporation.

In April, 1920,…