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EARLSTON COAL CO. v. HUNTINGTON NAT. BANK

No. 6170.

63 F.2d 329 (1933)

EARLSTON COAL CO. v. HUNTINGTON NAT. BANK OF COLUMBUS.

Circuit Court of Appeals, Sixth Circuit.

February 17, 1933.

Attorney(s) appearing for the Case

A. R. Johnson, of Ironton, Ohio, and Wells Goodykoontz, of Williamson, W. Va. (Lant R. Slaven, of Williamson, W. Va., on the brief), for appellant.

F. J. Wright, of Columbus, Ohio (Arnold, Wright, Purpus & Harlor, of Columbus, Ohio, on the brief), for appellee.

Before MOORMAN, HICKENLOOPER, and SIMONS, Circuit Judges.

MOORMAN, Circuit Judge.

The Earlston Coal Company subleased to the Himler Coal Company eighty acres of land upon a royalty basis. The Himler Company owned all the stock of the Kermit-Warfield Bridge Company. The latter company and a subsidiary of the Norfolk & Western Railway Company owned a railroad bridge which was subject to a mortgage. The Himler Company being in default in the payment of its royalties, the Earlston Company, on July 25, 1924, gave the sixty...

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