Barkers Creek Coal Co. v. Alpha-Pocahontas Coal Co.

MEREDITH, PRESIDENT :

This is an action of trespass on tbe case. Tbe declaration consists of seven counts. Tbe circuit court overruled a demurrer to the first two and sustained it as to tbe last five counts. Tbe questions arising thereon were certified for review.

Tbe first count charges in substance that by lease dated tbe 4th day of January, 1915, Pocahontas Coal & Coke Company leased to Cooper-Poeahontas Coal Company a tract of 1,013.84 acres of land therein described by metes and bounds, situated in Wyoming- County, for coal mining- purposes for tbe term of thirty years to be reckoned from…