Fulmer Coal Co. v. Morgantown & Kingwood Railroad

Sanders, Judge:

On the 30th day of January, 1904, the appellant presented its bill to the Judge of the circuit court of Monongalia county, in vacation, allegingthat on January 26th, 1902, an agreement was entered into between George C. Sturgiss, the Morgan-town and Kingwood Railroad Company, and A. C. Fulmer, by which Sturgiss leased to Fulmer all the coal underlying a tract of land owned by him in Monongalia county, at a stipulated royalty; that under the contract, which was afterwards assigned by Fulmer to the appellant, the mining of coal was to begin on the 1st day of May, 1902, by which…