Poland Coal Co. v. Hillman Coal & Coke Co.

Opinion by

Mr. Justice Linn,

There are two appeals by plaintiff; one in plaintiff’s action in equity for the cancellation of its deed and the other in its action at law to set aside the report and award made by-Eavenson pursuant to the mine-lease. The appeals were argued together on consolidated records ; we need only indicate our reasons for agreeing with the conclusions reached by President J udge Hook.

Appellant makes tivo points; that the court erred (1) in holding the option exercised by defendant valid instead of void under the rule against perpetuities; and (2) in holding that Eavenson,…