Blackberry, Ky. W. v. C. C. Co. v. K'ntl'd C. C.

Affirming in part and reversing in part.

This is the second appeal of this case, the first opinion appearing in 212 Ky. at p. 64, 278 S.W. 173. Chloe A. Hatfield and eleven others were the joint owners of a boundary of land containing about 1,400 acres. They leased it and the coal underlying it unto appellant, Blackberry, Kentucky West Virginia Coal Coke Company. The latter company assigned its lease or subleased it unto appellee Alma Thacker Fuel Company. The latter company mined coal from the leased premises. Appellee Kentland Coal Coke Company instituted this action against the other…