Barney v. Sword

Opinion op the Court by

Commissioner Stanley—

Reversing in part and affirming in part.

On November 10, 1906, Morgan Sword and others (predecessors in title of appellees) leased a body of land in Pike county to W. T. Griffith, trustee, which lease by mesne assignments became the property of the WinstonElkhorn Coal Company, and at a sale by its trustee in bankruptcy, on March 17, 1926, the appellant, J. D. Barney, acquired the lease. Shortly thereafter Barney took possession of this property, and set about clearing the entrance ways, repairing and improving the outside mining equipment preparatory…