Kentucky Coke Co. v. Smith

Opinion op the Court by

Judge Sampson

Affirming.

On the 12th.of May, 1885, the widow and heirs of John H. Smith, deceased, of Ohio county, executed and delivered to McHenry Rockport Coal Company, a Kentucky corporation, predecessor in title of appellant, Kentucky Coke Company, Incorporated, etc., a lease on the coal in and under a tract of 210 acres of land, formerly owned by John H. Smith, whereby the corporation was granted the privilege of mining and removing the coal on a royalty basis of three (3c) cents per ton for certain of the coal, the balance to be free, “for a term of years as long…