Big Sandy Co. v. Childers

Opinion op the Court by

Judge Nunn —

Affirming.

This action was instituted by appellees against appellant on a note for $506.86, wbieb appellees alleged appellant executed to them for the purchase price or part of the purchase price, for the coal and other minerals under a certain tract of land, which they owned and which they purchased from Epp Slone. The petition contained the usual allegations made to recover a judgment on a note and to enforce a lien on the property sold, and then continued:

“The defendant refuses to pay same because it claims that a certain deed in plaintiff’s chain of…