Brewer v. Kirk

Opinion op the Court by

Judge Richardson

Affirming.

This is the fifth time the subject-matter involved on this appeal, in one form or another, has been before this court.

In 1920 the Himler Coal Company brought an action in the Martin circuit court asserting its right to the surface of a tract of land in Martin county, in as far as necessary for the removal and transportation to market, the minerals reserved in the conveyance of the surface with a covenant of general warranty, and sought an injunction aganist Ella Kirk and. Albert Kirk to enjoin them from interfering with or preventing the…