Thornburgh v. Ben Hur Coal Co.

The appeal before us arose out of the following facts and circumstances: Mac Thornburgh, plaintiff in error here, and another filed an action in the district court of Okmulgee county against Ben Hur Coal Company, a corporation, to cancel a coal mining lease covering certain lands in that county. The lease was dated April 30, 1929, and was for a primary term of 15 years and as much longer as coal was mined. On March 26, 1947, the court entered a judgment, the pertinent portion of which is as follows:

“It is therefore considered, ordered, adjudged and decreed that unless within ninety (90) days…