Surgener v. Smith

Opinion op the Court by

Judge Hurt

Reversing.

The appellant, John Surgener, and the appellee, Isham Smith, were the joint owners of a lease, which authorized them to operate- a coal mine, for the period of six years, and to dig, remove and sell coal therefrom during the time. The lease was executed to them as joint lessees. With the lease they obtained the ownership of a mule fiom the lessor. The mule seems to have been the only property jointly owned by them, excepting the lease. In about ten days after acquiring the leasehold, they organized a corporation for the purpose of conducting…