"John  Kino,

**By  Sheen  &  Lovett,  his  attorneys.'


Second  District — May  Term,  1889.        561


King  V.  Edwards.
It  appears  that  the  facts  are  not  ranch  in  dispnte.  Up  to
tlie  time  of  the  trial  the  lessor  had  received  no  rent  under  the
lease,  nor  had  there  been  anv  coal  or  other  mineral  taken  out
of  the  premises,  nor  any  machinery  erected  on  the  surface  of
the  land  for  the  storing  of  coal  or  minerals,  or  switches  or
tramways  for  transporting  coal  or  minerals  placed  on  the
land,  nor  were  any  of  the  above  improvements  contemplated
bein^  placed  on  the  land  by  appellees.  The  appellees  had
dng  a  small  hole  on  the  land,  ten  or  twelve  feet  deep,  a  few
weeks  after  the  lease  was  made.  There  had  been  no  drifts  or
slopes  sunk  on  tlie  property  for  coal  or  other  minerals,  or  in
connection  with  any  mine  under  the  land,  nor  had  any  mine
been  opened  on  the  land  described  in  the  lease.
