American Rolling Mill Co. v. Carol Mining Co.

Opinion of the Court by

Judge Thomas

— Affirming.

This appeal involves the sole question as to whether the property ordered to be sold by the judgment appealed from — as the property and assets of lessee and appellee, Carol Mining Company, upon the settlement of its indebtedness following insolvency — is in reality and actually assets of the insolvent lessee, or whether it became a part of the realty and vested in appellant as lessor upon the legal termination of the lease by appellant, in accordance with its terms, after default in payment of royalties and rent? The trial court held that the…