Price v. Whitaker

Opinion op the Court by

Chiep Justice Stites—

Reversing.

This is an appeal from a judgment of the Pulaski circuit court sitting in equity. Appellant Noah Price is the owner of a life estate, and appellant Otis Price is the owner of a remainder, in the tract of land involved in this controversy. Appellants entered into an agreement with appellee, Mrs. Effie Whitaker, under which she agreed to operate various coal mines under the land and to pay royalties therefor to the Prices.

After the mines had been operated for some seven months, this suit was brought by the appellants seeking a money judgment…