Elk Horn Coal Corp. v. Hackworth

HICKS, Circuit Judge.

This is the second appearance of this case here. Appellee and his brothers, J. F. and N. II. Haekworth, owned a tract of 779 acres of land in Floyd county, Ky. On June 2, 1903, they leased the oil and gas therein to G. II. Dimiek and subsequently but on the same occasion they executed to Duncan Coal & Iron Company an “Agreement for Rights,” wherein they agreed to convey to the Duncan Company “all the coal, minerals and mineral produets, all oils aiid gases. * * * ” (Italics ours.) This instrument was upon a printed form used by the Duncan Company, but preceding the…