Babcock Coal & Coke Co. v. Brackens Creek Coal Land Co.

Lovins, Judge:

Babcock Coal & Coke Company filed its original and amended bills of complaint against Brackens Creek Coal Land Company in the Circuit Court of Fayette County. Demurrers to the bills of complaint were sustained by the trial court, and the questions of law arising on the demurrers are here on certification.

The purposes of this suit are to cancel a mining lease, to relieve plaintiff of further liability on said leasé, and to inhibit defendant from prosecuting actions to recover rents and royalties provided for therein. The original and amended bills of complaint and the demurrers…