Wright v. Wright Mining & Royalty Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action for a declaratory judgment construing a mining lease. The trial court made findings of fact and rendered a judgment from which the lessees have appealed.

Plaintiffs, spoken of as the Wright heirs, owned in fee simple and as tenants in common two described tracts of land, containing lead and zinc, in Cherokee county. It had been leased for mining purposes, and large piles of chat were on the ground. On May 26,1923, they leased the land to the Wright Mining and Royalty Company, a corporation, for a term beginning at the…