Watson Coal & Mining Co. v. Casteel

The appellee brought his complaint against the appellant, as follows, to recover the royalty from a coal mine, averring that on the 23d day of August, 1873, the plaintiff' executed to Benjamin E. Masten, John IT. Masten, and John J. Schrack, a mining lease upon certain lands described, lying in Clay county, in which said lessees agreed with the plaintiff to mine coal enough from under said land, that the royalty thereon should amount to twelve hundred dollars per year, at twenty-five cents per ton, and that, if they should fail to mine that quantity of coal, to pay twelve hundred dollai’s per…