Donovan v. Consolidated Coal Co.

Appellant -owned a tract of twenty-four and a half acres of land in St. Clair county, in which was a coal mine known as the “Johnson mine.” He also owned the surface of an adjoining tract on the west, containing one-hundred and thirty-live acres, but appellee owned the coal under said surface, which had been conveyed to it before appellant obtained his title to the surface. On pctober 1,1896, appellant entered into a written contract with the St. Louis and O’Fallon Coal Company, Edward L. Thomas and John T. Taylor, by which he leased to them, for the term of five years from said date, the…