Blanton v. Saylor

Opinion of the Court by

Judge Richardson —

Affirming.

This appeal presents for consideration and determination a question of fact only. J. M. Blanton and wife, and Andrew Saylor and wife executed and delivered to the Indian Creek Coal Company a lease on 600 acres of land situated on Saylor’s creek, Harlan county, Ky., for the purpose of mining the “Harlan seam of coal,” thereunder. It was provided in the lease that the royalty was to be paid to J. M. Blanton and Andrew Saylor in proportion to the acreage re spectively owned and leased by them of the “Harlan seam, ’ ’ with the duty on them to…