Kelly v. Morelock

Opinion of the Court by

Judge Cammack

Affirming.

This action involves the right of the appellee, Reece Morelock, to cancel a mining* lease. The appeal is from a judgment in a forcible detainer proceeding granting Reece Morelock the relief sought by him. In urging that the judgment be reversed, the appellants insist that (1) there was no privity of contract or estate between them and the appellee; (2) the cancellation provision did not run with the leasehold; and (3) a sublessee incurs no liability directly to the lessor for the performance of covenants on the part of the lessee.

In 1943, A. E.…