Camp v. Kimbley

Opinion of the Court by

Judge Quin

Reversing.

C. Gr. Kimbley and others on December 30, 1910, executed to W. S. Thompson a lease for a period of twen-' ty-five years, on 2191//2 acres of coal lands made up of two tracts, one of 148 acres, the other 71% acres, the consideration being $3,000.00 and a royalty of 2c per ton on mine run coal. The lease covered- only the No. 11 coal under the premises. The right to -the surface of eight additional acres was given, with the privilege to purchase the fee in said eight acres for the sum of $100.00 per acre any time during the life of the lease.

The right…