Scott v. Daniels

Opinion of the Court by

Judge Nunn

Reversing.

*366This action was originally instituted by Martha Scott against the Thacker Coal Company. Plaintiff died while the action was pending and it was revived in the name of her heirs at law. The suit was to recover of the coal company certain royalties due Martha Scott under the terms of a mining lease, which she had executed to the coal company on her land. The date of this lease is June 2d, 1900. The coal company by verified answer admitted that it was operating under a lease on the Scott lands, describing them. The answer further shows that it is…