Seiler v. Zeigler Coal Holding Co.

Clarence Deon Seiler and Fred Seiler (plaintiffs) filed suit against Zeigler Coal Holding Company, Old Ben Coal Company, Timothy Bauman, Tina Bauman, Carl V Gates, and Donald G. Gates (defendants) in the circuit court of Franklin County. Plaintiffs sought damages regarding an interest in minerals they claim as successors to parties to a covenant. The circuit court granted defendants’ motion for summary judgment. On appeal, the issue is whether the covenant was a personal undertaking that has expired by virtue of the death of the original parties. We affirm.

FACTS

I.W. Reagin, Marion E. Reagin,…