Collins v. Lackey Mining Company

Opinion of the Court- by

Drury,

Commissioner— Reversing.

The appellant, whom we shall refer to as the plaintiff, began this action against the appellee, whom we shall refer to as the mining 'Company, to recover possession of a small piece of ground in the village of Lackey, and to recover damages for the forcible seizure and occupation of it by the mining company. He was unsuccessful, and has appealed. On September 21, 1918, there was filed for-record in the Floyd county court a lease by which Dr. T. J. Chandler and his wife leased to R. D. Olere and Sam Porter, the minerals underlying a tract…