Brandenberg v. Addison

Opinion of the Court by

Commissioner Hobson

Reversing.

In January, 1918, Jackson Brandenberg executed a written lease for about 15 acres of coal land. The lease, by assignment, passed to Millard Addison, who also claimed under a verbal lease some adjoining coal land. On July 8, 1920, Addison brought an equitable action to enjoin Brandenberg from interfering with him while operating under the verbal lease. Brandenberg, by his answer, denied Addison’s rights under the verbal lease, and also by counterclaim sought a judgment enjoining him from operating under the written lease. On December 3, 1920,…