McIntire v. Marian Coal Co.

Opinion of the Court by

Judge Sampson

Overruling plaintiff’s motion for an injunction.

Defendant Marian Coal Co. and its lessors own and have in possession all. the coal and other minerals in a particularly described tract of land containing one hundred and forty-two acres located in Letcher county. The deed under which it holds, in addition to granting all the coal and other .minerals mentioned therein, grants certain specified rights and privileges by the following clauses:

“The parties of the first part have hereby sold, granted and conveyed, and by these presents do hereby bargain, sell,…