Fleming v. Virginia Mining Co.

Opinion of the Court by

Judge Thomas

Reversing.

Appellee and plaintiff below, Virginia Mining Company, in May, 1920, purchased from R. L. Smith and others a coal lease and its appurtenances on about one hundred and seventy-five acres of land at the month of Beaver creek in Floyd county. It took charge of the lease and operated the mine which had been opened by its vendors until some time before October 29, 1921, on which day it sold all its interest in the lease and the equipment thereon, together with its capital stock, to appellant and *39defendant below, A. Fleming, trustee, at the agreed price…