Taylor v. Thomas

Hatcher, Judge:

A judgment was recovered by the plaintiff in the lower court for his part of unpaid royalty on leased coal. The defendant files no brief but bis petition for a writ assigns the following errors which we will consider as enumerated:

“ (1) The Court erred in sustaining the demurrer of the plaintiff to Special Plea No. 3 and in refusing to allow the same to be filed.(2) The Court erred in refusing to allow the defendant to show that a large part of the coal within the premises leased by the plaintiff and others was owned by persons other than lessors.(3) The Court erred in…