Dingess-Rum Coal Co. v. Draper Eagle Coal Co.

Maxwell, Judge:

The Dingess-Rum Coal Company, plaintiff in error, is the owner of a tract of land in Logan county. In 1905 it leased 1150 acres to the Fort Branch Coal Company, later Fort Branch Coal Corporation, for mining purposes. This corporation in turn sub-let in part to the Fort Branch Collieries Company in September, 1925.

In September, 1928, a distress warrant was sued out against the Fort Branch Coal Corporation, and the Fort Branch Collieries Company, for the sum of $14,073.41 for rent due upon contract. The warrant was properly served the same day and certain items of personal…