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MULLINS v. STURGILL

66 S.E.2d 483 (1951)

191 Va. 653

MULLINS et al. v. STURGILL et al.

Supreme Court of Appeals of Virginia.

September 5, 1951.

Attorney(s) appearing for the Case

S. H. & Geo. C. Sutherland, B. F. Sutherland and D. M. Crabtree, all of Clintwood, for plaintiffs in error.

Greear, Bowen, Mullins & Winston, Norton, for defendants in error.

Before HUDGINS, C. J., and EGGLSTON, BUCHANAN, MILLER and WHITTLE, JJ.

HUDGINS, Chief Justice.

On March 29, 1948, for a royalty of 20¢ per ton, payable monthly, Mary E. Riner leased to Joe Leedy and Virgil C. Wilfong "all the coal contained in that certain tract" of land owned by her and lying in Wise County, Virginia. The lease, among other things, provided that if the mining and removal of the coal from the leased premises should be discontinued for a period of thirty days the lease should terminate and be void, but that this...

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