Coleman v. Mullins

Opinion op the Court by

Drury, Commissioner—

Affirming.

Mullins sought by this action to vacate a judgment obtained against him by the appellants, whom we shall refer to as the Colemans. He was successful, and the Colemans have appealed. In July, 1920, the Colemans leased to J. H. McBrayer a tract of land in Pike county for the mining of coal. McBrayer paid a royalty of $500.00 for the first year, and was to pay minimum royalties of $1,500.00 for the second year, and $2,400.00 for each year thereafter, to secure which the Colemans had a lien on the property. In September, 1920, McBrayer…