Reno v. Ohio Valley Rock Asphalt Co.

OPINION op the Court by

Drury, Commissioner

Affirming.

Appellant sued his lessee, the Ohio Valley Book Asphalt Company, for $700, which he alleged was due him as royalty for mining and removing asphalt from a particularly described tract containing 1% acres of land, which he alleged he owned.

The asphalt company admitted the mining and removal of the asphalt, hut alleged that its lessors, .Carmine Collier and Buth K. Gilmore, claimed to own this 1% acres, and because of their claim it had paid no one therefor. It made its answer a cross-petition against Carmine Collier and Buth Gilmore. They…