Scott v. Thacker Coal Mining Co.

Opinion op the Court by

Turner, Commissioner

Reversing.

In June, 1900, Martha Scott leased certain lands on the Tug Fork ,of Big Sandy river’ in Pike county to the Thacker Coal Mining Co., for' coal mining purposes. Prior thereto, in December, 1897', Richard Daniels and his wife leased to the same company for the 'same purposes adjoining tracts of land.

The coal company opened up the mining operations on these tracts of land, and having failed for a time to pay to Martha Scott the royalty to which she thought she was lentitled on certain lands claimed to have been embraced in her boundary, she…