Childs v. Hurd
West Virginia Supreme Court
Statement of the case by Gebbn, Judge: The record in this case is very-large containing upwards of 400 printed pages. I will endeavor to give a concise statement of the material facts. On January 2, 1878, Samuel Colgate of ISTew Jersey leased to Charles S. Hurd of Taylor county about 2,000 acres of coal-land in Preston county, W. Ya.
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Statement of the case by Gebbn, Judge: The record in this case is very-large containing upwards of 400 printed pages. I will endeavor to give a concise statement of the material facts. On January 2, 1878, Samuel Colgate of ISTew Jersey leased to Charles S. Hurd of Taylor county about 2,000 acres of coal-land in Preston county, W. Ya. The lease was for five years commencing May 1, 1878; and said Hurd agreed to pay ten cents per ton for all coal mined by him during this time on said land. The property was located on the Baltimore & Ohio Railroad at Austen and was known as the “Austen Mines.”…
1Opinion of the Court
GRBen, Judge :
The most important question presented by this record is: To whom does the $7,043.11 ‘paid by Martin L. Shaffer to the receiver of the court under its order entered November 20, 1885, properly belong? It was the proceeds of the. mining of the Austen mines by Charles S. Hurd, who was insolvent and unable to work them; and it was understood that out of the net proceeds of these mining operations Shaffer would pay the debt said Hurd owed to him and the debts he owed to sundry miners and laborers. Hurd’s interest in said Austen mines, so placed under the management and control of *86Shaf…
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