Pocahontas Coal & Coke Co. v. By-Products Pocahontas Co.

Maxwell, Judge :

This suit involves the right o£ a trustee under a deed of trust executed by a lessee .to remove from a coal mining property certain improvements and equipment used in the-dumping, grading, cleaning, screening and loading of coal. If these articles are a part of the realty, fixtures, the circuit court was right in enjoining their removal, otherwise the injunction was not warranted.

Coal leases were executed by the plaintiff to Cirrus Coal & Coke Company and Kimball-Pocahontas Coal Company May 15, 1908, and May 1, 1912, respectively. The defendant, By-Products Pocahontas Company,…