CLYBORNE v. McNEIL


113 S.E.2d 672 (1960)

201 Va. 765

C. A. CLYBORNE et al. v. Mary R. McNEIL et al.

Supreme Court of Appeals of Virginia.

Rehearing Denied June 14, 1960.


Attorney(s) appearing for the Case

William A. Stuart, Abingdon, Carl C. Gillespie, Tazewell, for appellants.

H. Claude Pobst, Marjorie Coleman, Grundy (Pobst & Coleman, Grundy, on brief), for appellees.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.


BUCHANAN, Justice.

This is a declaratory judgment proceeding brought by the appellees to have interpreted a coal mining lease made by them as lessors to the predecessors of the appellants as lessees, dated August 1, 1948. By the lease the lessors demised and leased to the lessees, their heirs, successors and assigns, the exclusive right to mine and remove "by deep mining or strip mining methods, or both," all the merchantable and mineable coal on a tract of land on...

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