Monarch Coal & Mining Co. v. Hand

The appellee, Jane Hand, filed her bill in the Fulton circuit court to foreclose a mortgage on 116 acres of land in that county. After the mortgage had been given, the mortgagor, Jonathan A. Emans, sold and conveyed to the appellant company, in fee simple, about three acres of land, together with all the coal, and the right to mine and remove the same, commencing with and lying below the vein of coal known locally as the third vein, under all the rest of said 116 acres of land. The deed contained covenants of general warranty, but was made “subject to a mortgage to Jane Hand in the principal…