Carter v. Tucker

Opinion op the Court by

Chief Justice Sampson

Affirming.

This action was instituted by appellant, Oarter, and wife, against appellee, Tucker, to recover of him a royalty of one-half (Vs0) cent per ton on 230,034 tons of coal mined from the Carter lands, in Ohio county, amounting in the aggregate to about $900.67, as charged in the petition. On the 28th of December, 1908, Carter and wife made a written lease to appellee, Tucker, whereby they let to him 300 acres of coal underlying the farm of Carter in Ohio county, to be mined on a royalty basis of two (2c) cents per ton, the provisions in the…