Powers v. Mahan-Jellico Coal Company

Opinion op the Court by

Judge Thomas

Reversing.

On and prior to February 5, 1915, J. L. Powers and his wife, the appellant and one of the plaintiffs below, Elizabeth Powers, jointly owned a tract of land in Whitley county containing about 115 acres and under which were workable veins of coal. On that day they executed a lease to appellee and defendant below, Mahan-Jellico Coal Company, whereby in consideration of its promise to pay lessors 8 cents royalty per ton for all coal mined, they conferred the exclusive right on defendant to take out the coal from under their land for a period of 20…