Mary Helen Coal Co. v. Hatfield

MILLER, PRESIDENT:

This controversy involves the proper construction o'f a lease by defendant of her lands for coal operations, to H. D. Hatfield, trustee, dated May 16, 1902, which lease and the rights thereunder came by process of transfer and assignment to the plaintiff company on March 14, 1910, and more particularly the eleventh paragraph of said lease as follows:

“The lessors do hereby grant and convey unto the lessee a right of way over, through and upon the demised premises for the purpose of hauling, transporting and carrying over the same water and timber for mining purposes and all…