Harrison v. Martin

Opinion of the Court by

Judge Thomas

Affirming.

L. M. Harrison, one of the appellants and a defend ant below, was in 1934 (and perhaps yet is) the owner of a considerable tract of land in Jackson county, under-laid (at least in portions thereof) with coal. Some time prior to July 1, 1934, he had opened, for wagon mine purposes, five entries on his land, and had operated them to some extent. He entered into a written lease with one Wash Hensley, whereby, on stipulated terms, the latter took over the mines and agreed to operate them as therein specified, paying the lessor or owner an agreed…