xt70zp3vt865_176 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Collins, M.M. v. Clere, R.D. and Blackburn, Fred text Collins, M.M. v. Clere, R.D. and Blackburn, Fred 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_19/Folder_10/0001.pdf 1905-1922 1922 1905-1922 section false xt70zp3vt865_176 xt70zp3vt865 FLUID CIRCUIT COUBE.
I. M. Collins, Plaintiff.
v3. PETITION. .
R. D. Clare and Fred Blackburn, Defendants.
a;
The plaintiff, H. I. Collins, says that
' he is the owner, has the legal title to and the actual -
possession of the following described tract or parcel of
land, situated in Floyd County, Kentucky, on the waters 1
of Right Beaver Creek, below the mouth of Jones Fork, and 4
bounded and described as follows, to-vit: %
"Beginning at a sycamore tree near -
the lower edge of County road and running up with
the lower edge of same to a mulberry and hackberry
, bush; thence to center of the public road; and
with the center of same to Dr. Collins' line;
thence sith his line to top of hill to T. G.
Allen's line; and with his line along top of hill
/ to opposite a bunch of dogwoods marked near a
/ dwelling house where Ellis Martin lives in at
this time (August 15, 1911) belonging to Léok _
Martin; thence a straight line from the top of L
the hill down the hill to dogwood mentioned above;
thence round hill with Leck Kartin'e line opposite
the beginning; and thence a straight line down the
hill to Beginning.”
That the defendants, R. D. Clere and Fred Blackburn, are
engaged in operating a coal mine now known as the Zella mines,
which said coal mine has been opened on lands sdJacent to
the tract of land hereinbefore described, and that in the
development and operation of said mine, the sail defendants,
R. D. Clerc and Fred Blackburn, have driven the headings in
' ‘ said nine in such a manner and in such a direction that the

 said headings run in the direction of and over across the \
line of and into the preperty hereinbsfors mentioned and
describcd owned by this plaintiff, and that tho said defen-
dants have been for some time pass,snd now are, mining and
removing the coal from the tract of land hsrsinbefors

' mentioned and described without right or authority from this
plaintiff so to do. The plaintiff further says that

. the said defendants, R. D. Clare and Fred Blackburn, are I

setting up claim to a portion of said tract of land, that
that said claim on the part of said defendants herein is .
casting a clowd upon the title of the plaintiff to the same.

- That notwithstanding the plaintiff is the owner, has the A
legal title to and the actual possession of said land and ‘ @
every part thereof, and that tho defendants, or either of %
them, do not own said land, or any part thereof, they are
giving out in speech that they are the owners of a portion
thereof, and are thus casting a cloWd upon plaintiff's title
to said land, which he is entitled to have removed,and is
materially impairing the vendable value of said land and
every part thereof.

‘ The plaintiff further says that heretofore he
has executed a lease upon said tract of landhersinbsfors
described to the Stover Elk Horn Coal Company, and that
the claim of the said 8. D. Clerc and Pred Blackburn to a‘
portion of said land is intorferring with the quiet use,
occupation and enjoyment thereof by this defendant and his

a lessee, the Stovsr 31k Horn Coal Company, and is interforring
with and prsrsnting the develop-sat and tho mining and
removing of coal thereafter by the said stovsr Elk Horn Goal
Conpany. The plaintiff further says that the coal upon

 and under said tract of land is the chief value of the
inheritance, and\thst unless the defendants be prevented by
inJunction from entering upon said land and frcn mining
and removing the coal therefrom, great and irreparable inJury
will be done to the plaintiff herein, and that he is without -
adequate remedy at law. The plaintiff further says that no
pregious injunction has heretofore been asked for, granted ‘
or refused by the Court or by the Judge thereof, or by any
person authorized by law to grant an injunction. ‘
The plaintiff further says that the said defendants,

and each of them, knew at the time of entering upon said land
and the mining and removing of the coal therefrom, that this
plaintiff was the owner, had the legal title to and the actual
possession of said land, and every part thereof; that the
acts of the said defendants, and each of them, in so entering
upon said land and in mining and removing the seal therefrom
were and are illegal and unlawful and willful, and that the
same was and is an unlawful, illegal and willful trespass ‘
upon the lands of this plaintiff. The plaintiff further
says that by reason of said illegal, unlawful and willful
trespass of the defendants, and each of them, upon said land,
that he is entitled to recover from the defendants the value
of said coal so mined and-removed by them at the Pitt mouth,
which the plaintiff alleges at the time of the removal thereof
was worth the sum of two dollars (32.00) per ton at the said

- Pitt mouth. The plaintiff further says that he does not know
and cannot at this time allege the number of tons of coal that
have been mined and removed from said tract of land by the
defendants herein, but that such knowledge and information is
in the possession of the defendants herein, and each of then,
‘and plaintiff asks that the said defendants, and each of then,

 - be required to answer and to disclose the number of tons of :
cool so mined and removed by them from the lands hereinbefore
t described, and that he is entitled to recover of the
defendants, and each of them, two dollars ($2.00) per ton ,
for each and every ton of coal mined and removed by said
defendants from said tract of land.
wHEREFORE, plaintiff prays, first that he be
quieted in hiS'title, ownership and possession of said tract
of land, and every part thereof. Second, that the
' defendants, and each of them, be enjoined from entering upon
. said land or any part thereof, and from mining or removing
any coal therefrom, and that upon hearing said injunction
be made perpetual; Third, that he recover from the .
defendants two dollars (€2.00) per ton for all cool found
by the Court from the evidence herein to have been mined and '
removed from said tract of land hereinbefore described, and
finally prays Judgment for costs and all general and special
relief. .
M. M. COLLIHB '
° I Symméwfl
\ Attorneys.
STATE 01? KEMUCKY)
~ v (SOT. . -
comm or H.020 )
' The plaintiff, K. n. Collins, says that
the statements of the foregoing petition are true as he
believes. I
____________—___..___.___._—_———g- .
3.05m to before a. by n. 1:. Collins, this lq+,l9l9. ”
.__.____...___.._______._____._____

 V .
FLOYD CIRCUIT OOURE‘.
_ M. H. UOLLIHS, PLAINTIFF.
J vs. /// AflSWBR: -
; n. D. (mm ec., murmurs. '
The defendants for answer to the petition 1
herein deny that plaintiff is the owner. the legsl title hold.
1 or to, or in the actual possession of the trust of land do- ,
I scribed in the petition. or any part thereof in so for so some i
; conflicts with the trust of land hereinafter described.
I Defendants deny that they or either of then
g are operating coal mines now known so the Zells Hines on lands .
‘ sdJaosnt to the tract of land described in the petition, but. .
i they over and say that the tells Iining Company is operating 1
said nines. Defendants deny that they have driven the head- ,
g inss in sudh s manner or in suoh s direction that said headings ”
‘ run in the dirsstion or or ovsr‘soross the land or or into the ‘;
property described in the petition or into property owned hy ‘
plhlntiff,'or thus those defendants have been for some tins
' past or for any tins. or now are mining and removing the coal 3
‘ from the tract of land assoribed in the petition without right ,
L to do so. i
Dotsndants deny that they olsin a portion ?
of land assoribsd in the petition is casting a cloud upon L
plsintift‘s alleged title thereto; deny that plaintiff is the f
ounsr, has the legal title to or in the actual possession of ;
same. or any of some or every sort thsrsor. or that defendants L
or either of Shun do not own said land or any part thereof; i
deny that dsrsnnsnts are costing s aloud upon plaintiff‘s 9i
sllsgsd title to said land shioh ho is entitled to has! ;;F
fin

 g ‘
g A ,
i
removod or is notorious! impairing the vondoblo moo or odd I
land and ovory port or any port thoroot. :
Dotsndonto flow that plaintiff boo oxooutod o.
xoaoo upon tho troot of loud doooribod in tho Mition to tho 1
atovor Elkhorn 0031 company or that tho oloin or dotondonu
, to a portion of oaid loud in interim-ring with tho quiet, uoo. ;
occupation or onJoynont thoroor by dofondonto, and said Scorer
Elkhorn Gas]. Company or io intorrorring with or provonting tho
devolopnont of mining or "moving of coil thorouftor by tho
said Stator Elkhorn Cool company. Donna-nos dony that tho ‘
coal noon and «an acid troot of land io the ohioi’ valuo of
' tho inhoritonoo . or that union dotondonto bo provontod W
injunotim from ontoring upon said land or from mining or
, romving; tho cool thorofrou. grout or irroporoblo injury will
be dam to olointiff. or that ho is without odoquoto romody at
1am. Defendants deny that tboy or oithor of thou now ot tho I
timoof ontoring upon ouid land or the mining and romoving
of tho cool thorofrm that plaintiff no tho owner. had tho
logo). title or the mtuol pooooooiou of oomo or ony part
thoroot; deny tbot by their out or tho onto or oithor of them
' in oo ontoriu; upon laid loud or in mining or ruoving tho cool
thorofron. woro or oro iiiogol. roomful or willful. or that the
ow no or io unlawful. inosol ond wrongful troopooo upon
the lands of min“ 11'.
Dotondonto now that by roooon of ooid onogod
illogol. unlawful. or rum). troopoooina «fondant: or oithor
of thou upon ooid 1on6. ho io ontitlod to rooonr from thou: tho
than of ooid oool oo uinod or rourod by tho- at tho pit
mouth: dony that tho no.3. remand non ooid tract is worth »
$2.00 at ooid pit mouth. ‘

 I
II '
’ Defendants any that m Ben E. Take and bfondnnt,
R. D. Glare. are the owners and in the actual possession of
all the coal. minor-n1. mining rights and privileges in and to
the following treat or land. tomit. Situated on the Right
york of Beaver Creek in Floyd County, Kentucky. and more
particularly described as relieve:

BEGIRHIHG at a stake between the twenty ninth end
thirtieth corners of deed from Andaman Hays to the Beaver cred:
coal and ::Oke Company, deed. dated. 33mm 23, 1907. and record-
ed in Deed Book 23, pm; 1. at a point said deed intersects
with the north and east line of one “heeepealce and Ohio
Railroad right or way: thence up the 21111 with line of deed
from findereon Bays to Beaver Greek Gen]. and Coke Company.
Earth 65 47 East about 378 feet to a. black gun, the thirt ieth
corner or said. dead from Anderson Rays to Beaver Creek cool
and Coke Company; thence south 25 56. East 807.24- feet to a.
dogwood called for in deed from Anderson Keys to Nancy Howard,
deed dated Rovomber 9th, 1905. said dogwood bears Earth 55
on“ 6.9 feet to shornbeam: thence with line of eaid deed.
South 31 09 East 4e 18 to» to a stake in line of above
mentioned deed from Anderson Keys to the Beaver Creek 009.]. 8:
Cake Gummy; thence with line of said deed, leaving line or
deed front A. Raye to Nancy Howard. 8 69 34 w about 125 feet
to a. stake n.t intersection of said deed from Anderson Hey: to
the Beaver Greek tion.). and Coke Company and the north and Knot

. line of right of m of the Chesapeake 8:: Ohio Railway on the
Beaver Greek Divi soon: thence leaving line of deed from
Anderecn Have to the Beaver Creek Gen). and coke Bowery end cii’h
the north and out line of the said railroad right. or m in e
northwestmrdly direction down the creek to the beginning:
thet eeid boundary of land oonflicte with the bounds” of lend

 set out and described in the pan: ion and said Ban 3. Tate
and R. D. (here are the owners of said confnot.

mmmmma, defendants pray that. the potition be '
dimisud for their coats heroin expendod and for all proper
rel-hf.

STATE cm KENTUCKY,
FLOYD CCUNTY.

AFFIAHT, B. 2'. ms. awn that he in attorney
for the attendants: that they are absent from Floyd Cmnty;
and that the ntatananta of the foregoing anus: are true
9.: he verily bananas.

Subscribed and sworn to before as by g. F. cubs.

‘ this day Of Soptmbor. 193.9.
HOTARY 95131.“, $35175 fitm'y, KY.

 FLOYD :mcuxw COURT. I

K. ;. Collins, Blaintiff.
VS. ARL‘EIEIHTD PETITION.

R. D. Clare, Fred Blackburn

and Zella Kining Company, Defendants.

The plaintiff, E. H. Collins, amends his
original petition herein, and for amendment tnereto says
that since the filing of the original petition he has
ascertained that the defendant, Jello hining Compfiny, is
n ncceeeary party defendant to this action; that the
defendant, Zella Mining demeany, is a corporation, created,
organized and existing under the laws of the State of
Kentucky, with power, among otuers, under its Charter, to
contract and be contracted witn, to one and be sued in and
by its corporate name of Zella mining Company. That this
plaintiff is the owner ofh has the legal title to and the
actual possession of the tract of land mentioned and
described in the petition herein; that the defendants, R. D.
Clere, Fred Blackburn and Zella Mining Company, are engaged
in operating a coal mine now known as the Zella mine, which
said mine has been opened on lands adjacent to the tract of
land mentioned and described in the original petition herein,
and that in the development and operation of said mince,

 the said defend nts nave driven tne headings in said mine
in sucn a manner and in such t dlrection tnat the said
headings run in the dimart'lx.m of and over across tne. line
of and 11:10 ‘L.;xe xvo‘mrty aren't/[nod and described in toe
origizujl ':etiticm Herein owned; by this; plaintiff, an; tmit
the mid defend'nts have been for some time past, am). now
are, :.ziz.;.n;t raga removing tin: 210141 f‘f‘CYfi fine tract 0‘ Lam;

in too or'ixinr-l :01. 3.91191.- '.ruz‘..lout7'? and fleeacrioufi, witnout
rigzli L." :igfi-tljcn‘i‘ugy' Try» Luj': plaintift So to no. ','L'nzt
two: 35.; (‘:‘f‘.:;'1(‘*u‘;s; are (writing: w}; (.'lx—‘iu to - gunner; 0."
said erut {.‘1‘ "Lt-n.6, 1.1.,". tilt-t, 229.16: Clair: or: ":1!‘ p: :‘1; 731' said
defe:nd'-'12fis herein is? hettlle {1:; thin fullzutifa‘ :Imi i";
ousting: r: (glow: ‘U’JH tm; 11.110 of tut-- g‘l'fli‘nflf‘f I; U13 same.
'.Ixi‘t IH‘t\'?:.7‘,I:St1::1("ln;’_'.', tne fluirflif‘f 1": L09. owner, nus-the
164.7}1 title: 1.1,: wrui 2.26 "eta-'27, possessfilou Li‘ ssszio 1mm and
ever; 32:-t 2,L.er‘”\of, and that the defrm‘wnts, or either of
tueu, do 110‘! own 311d law}, or may pert. tile’”PC/f, or interest
tnoroin, toe; “we niving out in eneeco tnat tony are the
owner: of a portion thereof, and are thus ousting H cloud
3.19m. glainti'f‘f":~: title to 6.11“ lend, wnico he is entitled
to nave removal, ani is mate“iellv impairing hue vaudnble
value of said land and every part thereof.

The plaintiff furtner says that neretofore he
has executed a lease upon said tract of lnnd,in the petition
mentioned and described, to tne Stover Elk norn Coolflompany,
and that the claim of the said defendants to a portion of
said land in interferring with the quiet use, occupation
and enjoyment thereof by this defendant and n18 lessee, the
Stover Elk Horn Coal Company, and is interferring with and
preventing the development and the mining and removing of
coal therefrom by the said Stover Elk Horn Coal Company.

 The plaintiff furtuer aayu nnat toe coal upon,
and under saiu tract of land is too cuief Value of toe
inneritanue; tout toe uefcndants nave entered upon said
tr e: of lnnf unn have mine; anu removeu a portion of
tm: cowl tue‘re:2"r(m, and are new: minim: and removing :2
gort on of too COHI Lucrefrom, and unless the defendants
be prevented by injunntmow iron onterina lgufll owl: loud
and fro“; .‘.jl'ing: ‘17: .7 am: not] l:ll='.‘l."(?f‘1'vl):2., hwy
will cantiuuc to enter ugon said land rnc will continue
to mine and re cue too cool tn9*:from, find my reason great
mm irlr'egrl:r.‘ffzs'ivc injury; “9.1": 3:0. gone. to the glaiz'mii‘;
herein; {not too snifl idfehdths‘ and 6&0“ o: tnem, no
tnio oYNiutif? L: inforfirfl, bochvoS Fan snargefi it true,
”‘1'-‘37, and (“mi-J in, insolvent, and. fins: jJ.‘..fx.intif'2” i-a ".'itnout
adequvte r3mc€y :f 12%. :laiutt”? Turtaor says toot no
gremioms iujonutisl hi' heroLafore Begg asked for, granted
or refusal By the Wourt, or by toe Judge tnereof, or by
any Circuit Court Judge, or by any person outnurivod 0y
law to grant an injunction, and that great 9nd irreuuraole
injury will result to toe qlnintiff from a delay in giving
notice of an application ¢or an injunction.

Elaintiff furtner nays {out too Floyd Circuit
Court is not now in seswion; ani the Judge of toe Floyd
Circuit Court is new absent from Floyd County, gontucky.
The plaintiff further snys tnat the said defendants, and
eacn of them, knew at the time of entering upon said land
and the mining and removing of the coal therefrom, that this

: plaintiff was the owner, had the legal title to and the
5 actual possession of said land, and every part thereof; that
the acts of the said defendants, and each of them, in so

 entering upon said land nnfl in mining and removing too
cool therefrom were 3N1 are illegal and unlawful and willful,
and tnnt the “one was and is an unlanul, illegal and willful
tr“9URS“ noon finn land? of this plnin1irf. The plaintiff
furtner safe thot by repeon of said illegal, Lmlawful and
willful trespose of the defendants, and each of tuem, upon
fluid lend, he i$ ortitlc” to recover foam toe deiumdauts
fine value of svi4 new? so mined on} removed by them at
the Eiti flwutn, woion two oleintiff e310meo at too time of
too romoVHl thereof Woe worth toe sww of two dollfxo
.W‘T ton at tho avid *itt mouth. Tho plaiwtif? forfiuav Bays
tort he doe? not know end cannot at this tim: ullogo ine
number of tons of 0691 too? have been winnd and removed
from said tract Of Innfi b7 the defeninnts hGTQiH. out tout
SUP“ knowledwe and information is in the ncssession of the
defendants,nnd each of toem, and plfiintiff says tout too
said defendants, and each of them, be required to wnnwor
9nd to dfiaoloee the number of tone of coal so mined ind
removed by them from the lands mentioned and dcscribcdin
tno petition herein, one fihnt he is entitled to recover of
the defendants, and encn 0? them, two dollars per too for
each and every ton of non] minefi and removed by said
defendants from said tract of 19nd.

Plaintiff further says tnet he is not advised
and has not been able to ascertain the relation exiaent
between the defendants herein, but that the knOWIedge of ‘
such relation iq known to the defendants herein and each of
them, and they are required to set forth the same.

WARREFCRE, having fully amended, plaintiff
grays judgment against the defendants, R. D. Clere, Fred

 Blackburn and Zella Mining Company, first, that he be
quieted in nis title, ownersaip and possession of said tract
of land, and every part tnereof; second, that the defendants,
and euon of tueu, be enjoined from entering upon said land,
or any gart toereof, and from mining or removing any coal
therefrom, and tuat upon nearing, said injunction be made
perpetual; taird, tnac no recover from the defendants two
dollars oer ;on for all coal found by the Jourt from the
evidence Herein to neVe been mined and removed from said
traot of ling aeroiabofore Qesoribeo, nnu finally, prays
Judgment for costs end all Special relief.
;n . LL . LZULL, Ii. .3
L's/.,..--“MMUW. _ “,..... __-“- e. .“.. . “New, w.....
Attorneys.

The plaintiff, h. L. Collins, says that the
statements of the foregoing amended petition are true as he
believea.

Sworn to before me by x. T. Collins, tnis
day of , 1919.

.‘..‘—-.._“..-fi. -‘..‘“... _. “”“-—”.“me

 2 .
1
FLOYD CIRCUIT COURT.
:.1. u. COLLINS, PLAINTIFF. 2
‘ v3. /// ANSWER TO AMENDED PETITION.
H. D. CLERK &C., DEEENDANTS.
The defendants, R. D. Clare, Fred B1aokburn and
Zella Mining Company, for answer and defense to the petition
herein, deny that plaintiff is the owner of has legal title to
or is in the actual nosseseion of the tract of land mentioned
or described in the petition herein: deny that they in"
operating a coal mine now known as the Zella Hinesnaxwxhnve
driven the headings in said mine in such a manner or in such
a direction that said headings run over across the line of or
into the property mentioned or described in the original
petition herein, or that they or any of them have been for
some time past, or for any tine, or that they are now
miningjflremoving coal from said tract of land without right
or authority from plaintiff or at all. Defendants deny that
their claim to a portion of said tract of land is casting
a cloud upon the alleged title of plaintiff thereto, or that
plaintiff has hny title whatever to some or any part thereof.
Defendants admit that they are giving it out in speech that
they are the owners of a portion of said land, but they deny
that they are casting a cloud upon plaintiff's alleged title
; thereto which he is entitled to have removed; deny that they
are materially, or in anywise impairing the vendable value of
said land. or any part thereof.
3 .
v3 ”" . ..-“...H .. . h.. H,_ . _3 .. _mwnffl/

 '
1 J
. ‘ Defendants say that they have no knowledge or
information upon which to found a belief that plaintiff has
theretoforer executed a lease unon said tract of land
described in the petition to the Stover-E1khorn Coal Company
and that their claim to a portion of same in interferring with
the quiet use, occupation or enjoyment thereof, bwi nlaintiff ,
or hie alleged leeeee, Stover-E1khorn Coal Compaggis inter- ‘
ferring with or preventing the development, mining or removal ;
of coal therefrom by said Stover-E1khorn Coal Company.
The defendants deny that they or any of them have '
entered unon said tract of land or+hmwenhdned or removed a
portion of the coal therefrom, or that they are now mining,
or removing a portion of the coal therefrom, or unless they _ i
be prevented by inJunction from entering upon said land and ”
from mining and removing the coal therefrom they will continue
to enter upon said land, or will continue to mine or remove
the coal therefrom, or by reason great or irreparable injury 3
will be done plaintiff herein. Defendants deny that each }
of them in or any of them are insolvent, or that plaintiff
is without adequate remedy at law.
Defendants deny that they or any of them knew at 3
the time of their alleged entry upon said land, or the E
removal of coal therefrom, that plaintiff was the owner,
had the legal title to or was in the actual panoeeeion of i
- name and every part or any part thereof; they deny that their
alleged acts, or the alleged note of any of them in so
entering upon said land, or in mining, or removing the coal .
therefrom, were or are illegal, unlawful or willful, or that l
the same was or is unlawful, illegal or willful trespass j‘
upon the lands of plaintiff. Defendants deny that by i
A !Q,
r '2 1M
, _ ' 1 _ if

 E reason of said alleged illegal, unlawful or willful trespass .
3 upon said land nlaintiff is entitled to recover from ‘
defendants the ralue of said coal so mined and removed
1 by them at tin pit mouth; deny that said value at the pit
E mouth was $2P361$§gny that plaintiff is entitled to recover
: of defendants or each or any of them $2.08}$g¥ytggmior each
~ and every ton of coal or *or any of the coal mined or
ii. removed ny defendants from said tract of land.
‘ II
‘ Defendants any that they are the owners and in the
actual possession of all the coal, mineral, mining rights and
Drivileues in, on and under the following tract of land, to.
wit: Situated on the Right ibrk of Beaver Creek in Fioyd
county, Kentucky, and more paruiculary described as I
follows:
BEGINNING at a. stake between the twenty ninth and
thirtieth corners of deed from Anderson Hays to the Beaver
' Greek coal and Coke Company, deed dated JanuaYy 23, 1907,
7 and recorded in Dead Book 23, page 1, at a point said deed ‘
intersects with the north and east line of the Chesapeake and ;
Ohio Railroad right of way: thence up the hill with line of
dead from Anderson May: to Beaver Creek Coal and Coke Com-
; puny, North 65 47 East about 378 fleet to a black gum, the ,
E thirtieth corner of said dead from Anderson Rays to Beaver l
; Greek Coal and coke company; thence South 25 56 East 807.24 E
feet to a dogwood called for in deed from Anderson Rays to ;
Nancy “award, deed dated November 9th, 1905, said dogwood E
bears North 55 East 6.9 feet to a hornboam; thence with E
line of said deed, South 31 09 East 46 18 feet to a stake E
in line of above mentioned deed room Anderoon Hays to the ‘ ' F
‘ Beaver Creek Coal & Coke Company; thence with line of said 9

 \
deed, leaving line of deed from A. Rays to Nancy Howard, S 69
34 W about 125 feet to a stake at intersection of said dead
from Anderson Hays to the Beaver Creek Coal and Coke Comparw
and the North and East line of right of way of the Chesapeake
f. H ; f, 8: Ohio Railway on the Beaver Creek Division; thence leaving;
i i line of aged from Anders on Hays to the Beaver Creek 0031 and
5 ', Coke Company and with the North and one}; line of the said
9 fl\ railroad right of way in a northwestwardly direction down the V
‘ 2' click to the beginnimytnat said boundary of‘land conflicts
‘ __', ‘ with the boundary of land set out and described in the
‘ 4 petition and that these defendants are the owners of said
a; , I, confliotflm i V
' Mmroma, defendants pray as' in their original
3 i V apawer. i
‘ W
: STATE or mnz‘um,
FLOYD COUNTY.
' AFFIANT, :3. F. UOHBS, s'ays that he its attorney
for the dofondont, R. D. Clara; that said R. D. Glare is
absent. from new! County and that the avermonts of the
foregoing,- answer are true as affiant verily believes.
‘,' W
Subscribed and sworn to before me by B. F. Conbe, ‘
" this day of __‘ , 1919.
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‘f “ I 404/2534? , Vim/W4 If ,   ' 1

 , non) cmcux'r com. ,
H. M. Collins, Plaintiff. :
V V3. R E P L Y. j
R. D. Clerc, Defendant. 9
' i
Toe plaintiff, M. M. Collins, for reply . g
to the answer herein filed, says that it is untrue and be !
denies that B. E. Tate, or the defendant 3. D. Clare, or '
either of them, are the owners of or are in the actual g
possession of all or any of the cool for w mineral or E
mining rights or privileges in or to the tract of land i
mentioned and described in aaid answer, situated on the ;
Rignt work of Beaver Creek in Floyd County, nentucky, or
as described in the petition, or that to the extent of the ‘
conflict that the boundary of land set out and described
in the petition the said B. E. Tate or F. D. Clere, or
either of them, are the owners of said Conflict, or any part '
thereof. ' ,
WHEREFORE, having fully replied, the plaintifn ;
_ preys no in his amended peeitfientand for all general and i
special relief. §
I. n. couxxs.
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The affient, M. M. Collins, 32y: f

that the statements of the foregoing reply are true as ‘

he believes.

-‘<~»WWWWM 1

Sworn to before me by 1.1. 12. Collins, thin

day or Wmfiw, 1919.

1

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MEMORANDA M. M. COLLINS MATTER.

Elk Horn Coal Corporation conveyed property to R. D.
Clere March 27, 1918, Book 53, page 106. It is claimed
that Clere was acting for and on behalf of himself, Sam
Porter and John Kitchen. Clere made conveyance to T. J.
Chandler, Chandler made coal lease covering same property
to Clere and Porter. Deed from Clere and wife to T. J.
Chandler bears date August 19, 1918; the coal lease bears
date August 29, 1918. The Lackey Mining Company was
incorporated, the capital stock $12,000.00 for the purpose of
development of this property.

The above information is taken from the suit of T. J.
Chandler and Laura Chandler vs. R. D. Clere &c/, Floyd Circuit
Court. G. S. Howard and wife made conveyance to Dr. M. M.
Collins, Book 30, page 601. See abstract of this title in
files for prior title. Anderson Hayes, under whom Howardclaimed.
also made deed to Beaver Creek Coal & Coke 00mpany, recorded
in the Company's private book, page 811, and it is as a remote
vendee under this deed and through exchanges with the Elk Horn
Coal Corporation that Clerc and others claimed interest in this
property.

In conversation with E. W. Pendleton, Counsel for Elk
Horn Coal Corporation, on March 19th, information was given
that in making conveyance to Clerc the description was made to
conform to the lines established by the deed of M. M. Collins;
that the claim of the Elk Horn Coal Corporation to the two to
three acres in question was doubtful and he would recommend to
Mr. Haymond a relinquishment of any claim in favor of Dr. Collins,

A"..N$2‘I;1‘£SEN§ET§ISH m
Pknsronswno, KY.

 1
SUPPLEMENTAL MEMORAKDA M. M. COLLINS MATTER.
In conversation with E. W. Pendleton, counsel
for Elk Horn Coal Corporation, on March 20th, Hr. Pendleton
advised that the information given by him supra was ,
slightly erroneous; that in making deed of conveyance
to R. D. Clere the description given embraced the whole
of the land, the subject of dispute, and not merely to
the line of Dr. Collins; that in making payment therefor
they only calculated the area to the line as claimed by
N. M. Collins and Clere only paid the Elk Horn Coal Company
for the acreage to the Collins line. That there was
doubtless a series of letters passing between Mr. Clere
and Mr. Haymond relative to this acreage, and in the event
suit is instituted we will want to confer with Kr. Haymond,
see these letters and most probably take his deposition.
HARRINS AND HAnxms
‘"°““"£.2§¥o‘§3§i,ifi‘§‘i'f’ “ L”

 .3
ELDYD CIRCUIT COURT.
M. M. COLLINS, - PLAINTIFF.
vs. /// mmxmoomoems.
R. D. CLERE, &c., DEFEIDANTS.
Interrogatories to be propounded to Anderson

Hays, who resides at Butler, No” a witness for defendants in
above cause by virtue of a commission to be issued from the
Floyd Circuit Court pumutnt to notice. '
1. Are you the some Anderson Hays mentioned in the
pleading in thisoaee?
2.. Are you acquainted with the land in dispute in

‘ this action, rmd, if so, did you once own or claim to own the
disputed land?
5.. If you once owned the adjoining land on Beaver Creek
above the dissent ed land to whom did you convey same? W
4- Are you well acquaint ed with the lines, corners and
obj cots called for in your deed to G. .‘3. Howard and Nancy .
Howard? ‘
5- Did you also once own the land on Beaver Creek, 1
below and adjoining the land you conveyed to Howaras?
6.. If you conveyed the coal and mineral in theadjoin-
ing land below the Howard land to whom did you convey it?

I 7.. Are you well acquainted with the lines. corners and

objects called for in your deed to Beaver Creek Coal and
Coke Comoany?

 l 8- Did your deed to the coal company overlap on to
and include any of the land which you had previously conveyed
to G. 3. Howard and wife?
9- Have you examined the two maps of engineers Townsel
Combs and Ed Holly, filed as etidence in this action?
10- You will notice on the Holly‘Map a drawing of the
one acre exclusion 31;:: around in your deed to Rewards and
the corner trees sailed for in that deed, including a point
labeled as the place where the dogwood called for in your

- deed to Howards once stood, state whether the one acre
exohlsion is properly located on this map, whether the dogwood
is properly located, and, if not, what is the proper location
of the one acre exclusion and the dogwood with reference to
their lOGRtiOns on the map?
11. Where did the dogwood called for in your deed to
Howards stand with reference to the points on Holly's map
marked as the places where they dogwood and the maple called
for in the deed stood?
12- State whe her or not there Was a dogwood standing
on the hillside at, or approximately at the point on