P. v. & K. Coal Co. v. Kelly

Opinion of the Court by

Judge Latimer

Reversing in part, affirming in part.

The widow, and heirs-at-law of A. Z. Kelly, deceased, appellees, herein, brought this action in the Harlan Circuit Court against the appellant, P. V. & K. Coal Company.

On May 17, 1917, A. Z. Kelly and his wife, Ludie Kelly (now the appellee, Ludie Kelly Brown), and B. F. Kelly and wife, executed to the Clover Gap Coal Company a lease of the coal underlying a tract of land in Harlan County, owned jointly by A. Z. Kelly and B. F. Kelly. Under the terms of the lease, the lessee was to pay to the lessors ten (10c) cents per…