Rockport Coal Co. v. Carter

Opinion of the Court by

Judge Hannah

Affirming' in part and reversing in part.

Appellant, H. L. Tucker, and appellee, J. T. Carter, together with one M. W. Heltsley, on December 28, 1908, formed a partnership for the purpose of obtaining options and leases on coal and mineral lands in Ohio County. The leases were to be taken in the name of' Tucker, but each of the three partners was to be equally, interested therein. Carter executed a lease to Tucker covering his own land's, which lease was acknowledged! *556by him on December 28,1908, and by his wife on December 29, 1908. This lease provided for a…