Buckles v. Kennedy Coal Corporation

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court.

There are a number of interesting questions presented by the assignments of error and ably argued by counsel, both for appellants and appellee, in the briefs and orally before us; but we find it necessary to consider and decide only those which will be dealt with in their order as stated below.

The first question we shall consider is the following, namely: •

1. Does the preponderance of the evidence clearly establish that there were parol grants to the appellee, from the former owners of the surface of…