Kelly v. Rainelle Coal Co.

I am of the opinion that the propositions of law set out in the syllabus are correctly stated, but of the further opinion that Points 2, 3 and 4 thereof have no application to the facts of this case. I presume that the majority will concede this if the contract between Shawvers and Leckie, dated February 6, 1940, is, in effect, something more than a “bare license”. It seems clear to me that the instrument is a mining lease. It is not so important, *609of course, what technical terminology we apply to the instrument, for all agree that, in this State, we determine the intent and effect of an…