Goodykoontz v. White Star Mining Co.

Miller, President:

The court below overruled defendant’s demurrer to plaintiffs’ bill, and upon the joint application of the parties certified to us the question of the sufficiency of the bill upon demurrer.

Plaintiffs are the lessors and defendant is owner by assignment or grant of the lease made by the lessors to Given W. Merrill and W. J. McClaren, dated April 15, 1901, for coal mining and coal coking purposes, of a tract of 621.69 acres more or less, in Mingo County, for the term of thirty (30) years from April 29, 1901, upon a rental or royalty basis of five (5) cents per gross ton for…