xt70zp3vt865_287 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. Pike Elkhorn Coal Company [Part II] text Pike Elkhorn Coal Company [Part II] 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_26/Folder_11/7902.pdf 1932-1953 1953 1932-1953 section false xt70zp3vt865_287 xt70zp3vt865 _ ,~ ‘ :i;‘?3w' ‘
z .
/ .
' May 27, 1948
Ron. Frank C. Malin
Ashland, Kentucky ‘
. Re: Pike Elkhorn Coal Company Matters
‘Dear Frank:
': ~ I beg to advise that so far as I can now see, it will
‘ be convenient to go into the preparation of the different
pleadings pertaining to your company matters, if Mr. John- ,
son can come up to the office on Monday morning.
. ? Very truly yours, '
' Joseph D. Harkirs '
‘ JDH:mba

_. f f
. . y’ 5 ", l"
FRANKC.MAUN
ASHLAND, KENTUCKY
June 8, 1948
Dear Joe:
, Enclosed is the executed deed from
Ervin wilson'and others to Pike—Elkhorn anl
00., which I took with me the other day to
have Ballard ﬁcalf notarize.
I came back through Prestonsburg
about noon and I assumed you would likely
be out to lunch, so i did not stop at your
office. I may see you later during the week,
at which time we can get the suits filed.
I have not heard from Ballard as
to Whether he had any success with the Amey
crowd.
Yours truly,

FCM/gt .
Hororable Joseph D. ﬂarkins, Sr.,
Prestonsburg, Kentucky

,, m x , .,
, June 16, 1948 L
Eon. Frank C. Malin ‘-
V VProfessional Arts Building
iiﬂﬂmm,memmy ‘
, Dear Frank:
'7 Since Mr. Johnson was in the office this morning, your
letter of June 8th, enclosing executed deed from Irvin Wilson
etc., to Pike Elkhorn Coal Co. has appeared upon my desk in
the front rooma Nb one seems to know anything about when it .
‘ came into the office, the postmark at Ashland is blurred and
. I don't know whether it has been here heretofore or that it
was put in the wrong postoffice box and someone brought it in
this morning and layed it on the front desk while we were at
, work in the library. At any rate, I now have the deed and
will lodge it for record.
' Very truly yours,
" Joseph D. Barking
JDH:mba _

._ . I g ‘ -4 ~ ~
, J V
§
2 THIS DEED or CONVEYANCE, made and entered into this ___
day of June, 1948, by and between Boney Justice and _“
Justice, his wife, Virgil Justice and _Justicc, his wife,
V Anna Justice Layne, widow, Bessie Justice Cunningham and __*
Cunningham, her husband, Nancy Justice Brison and C. F. Brison, her
. husband, Clayton Hunt and Ruth Hunt, his wife, Ovesta Hunt and Albert
33 Davidson, parties of the first part of the Commonwealth of Kentucky,
3” and the Piko~£lkhorn Coal Company, Incorporated, Ashlund, Boyd County, ,
‘En Kontucky, party of the second part,
'3' wITHESSETH: Thaﬁ the said parties of the first part for .
,f and in consideration of tho sum of one dollar, and other good and =
'H' valuable consideration, receipt of which is hereby acknowledged, do '
hereby grant and bargain, sell and convey to the party of the second .
3_ part, its successors and assigns, all the right, title and interest 4
' that they, and each of them, have in the following described proper~ ‘
5‘ by, more particularly described as follows: 4
Situated in Floyd County, Kontucky and being
vlots nos. 26,87,29 and 30 in the Stanley Addition . ‘
> to Tram, Floyd County, Kentucky, as shown on u »
2: may of said Addition on file in the office of the
Clerk of the Floyd County Court. .
:1 Lots 26 and 27 were conveyed to Rachel Jus— .
; ticc by Katy Hunt, by deed dated October 26, 1928 f
is and recorded in Deed Book 71, page 159, Floyd f
u - County Court Clerk's Office; and lots 29 and 50 .
were conveyed to Tom Justice and Rachel Justice
_ by Katy Hunt-by deed dated October 26, 1925, and
3’ recorded in Dead Book 71, page 158, Floyd County _;
1- Clerk's Office; and the grantors herein inherited E
, their interest in said lots from Tom Justice and a
- Rachel Justice, their father and Mother, now de- -
,_ ceased.
, TO HAVE AND TO HOLD the same, with all appurtenances .
37 thereunto belonging unto the party of the second part, its succes- .'
2: sors and assigns, forever, with covenant of general warranty.

IN TESTIMONY WHEREOF, the said parties of the first part
” have hereto subscribed their names, this day and date first herein
written.
._..____*___~,_._._.____._.
d COLE-fowﬁiﬂALTH 0%“ IGZNTU CKY
PIKE COUNTY ‘ ‘
I: I9_~..w~..__.__ , Notary Public of the County and V
State aforesaid, do hereby certify that the foregoing Deed of Convey~ ‘
‘ ance from Boney Justice etc., to Pike-Elkhorn Coal Company, Incorporat- »
. ad was on the ___day of June, 1948, produced to me in said County -7
and Commonwealth and acknowledged before me by the said _
________w___.______________________‘_,_______..________________________.
V‘ W
.- .
{I to be their free act and deed.
3 Given under my hand this ___day of , 1948. i;
J My Commission expires the ____day of , 1948. ;
fcg' .*vr . ;f * .c._ ' A.,AA.{ ‘ 'aazaac»or ' ~“ ;':gnn¢;«mc,»:iﬁ¥2£

STATE OF KENTU SKY '
‘ COUNTY OF FLOYD.......SCT. .
I, JARVIS ALLEN, Clerk off/the County Court, for the
County and State aforesaid, do certify that the foregoing Deed
of Conveyance was this day produced to me in my County and duly
lodged for record in my office; whereupon the same, and the ,
foregoing and this certificate have been duly admitted to record
, in my office in Deed Book “___“, page _..--- _. '
A Given under my hand this “day of __w ___, 1948. -
JARVIS ALDEN, 0.19.0.0. ‘ ‘
f BY _ ' _____D.C. A

‘ < . ‘ ‘ § ‘ ,
:‘5- l
EQUITY SUMMON S - ., 'TIMES PRESS, Prestonsburg, Ky.
J .
1
THE COMMONWEALTH 01* KENTUCKY,
‘ T‘O THE-SHERIFF OF”&% COUNTY:

7 You are commanded to summon’ﬁmiﬁfmiiiﬂgifmilﬁﬁnimw..:ﬁfztiiﬁﬁivﬂ
::ma, 7M?“ ‘ fund ...nn‘imimg it: awn ﬁrm-.’.?“ 1‘.1.; .Wiaan.
£2.57.7.‘3%c7a.77ien;t¥ata¥srs7t,.a%%¥oc7i:«o.7§.iig,W§n
email, .. out. in? new m vain. imp, mart grinding and

7 7‘77» 7’ '77}.-. ‘1 Lisa.» _» . __'sv’s-w 4&3»; ._ 7»? a...» »ti'z'. * v ,, ' -, " _ iiw. 1' __ 1 :7— .:.-_‘. 1'3“. .‘ ..
‘.Wf'“? :77 ...:73' ”it? ."té‘i',§,f‘sf“§3§“n;'Qﬁ‘wﬁﬁiﬂﬁggﬁgmw 33.3%?” ika,*&zﬁ4cm
1' .,..,. . . ,r : 2'.-w... ,, 227%,, .,3. ':’? , . .-. :.'. .:. 1.» . ,a ,‘ .— .,, ,,_; 1., 3.1 ..,, ..“-It :17...i,._., '.', ".1”, .'.. '71 "
ism: . 1;“ ..2-7.7a W ”WEI. in”; lapi’ii’a‘f" .:.; wrists. iii”

to answer inmdays after the service of. this summons a petition
. . . . . . . . w‘“ «51"??771 “ 7 ‘ , =27. ‘
1n equ1ty ﬁled agamstujrﬁailﬂoun the Floyd Clrcult Court by“*ii§“ﬁx§"ﬁttgﬂz“a*i
and warn“;“&that upon failure to answer, the petition in equity will be taken for
confessed orlu.’,,,w1ll be proceeded against for contempt,
_ and you Will make due return of this summons W1thm*days after
the serv1ce thereof to the clerk’s ofﬁce of said court.
Gwen under my hand as Clerk of sand Court, th1s the-...._....-.....day of194
Clerk
*Insert TEN if to county where suit is brought, and TWENTY if out of county.
WWW

if ' “.. “.
a? Executed by delivering a true copy of the within summons to
Boney Justice, Virgil Justice, Anna Justice Layne, Bessie Justice
" Cunningham, Nanacy Justice Brison, C.F. Brison, Ovesta Hunt and Albert .
’ Davidson, by delivering to each of them true copies of the within 3
summons;
Executed on the defendants, Ruth Hunt and Gloria Hunt by delivering
4 true copy of the within summons to each of them, they being infants
over the age of fourteen (14) years. _ I
Executed upon defendants, Phyllis Hunt and Bobby Gene Hunt, infants
under the age of fourteen (14) years by delivering a true copy of the
within summons to Ovesta Hunt, the mother of the said Phyllis Hunt
land Bobby Gene Hunt and the person having charge of the said Phyllis V
Hunt and Bobby Gene Hunt; the father of the said Phyllis Hunt and
Bobby Gene Hunt being deceased and they having no guardian. V '
This day of 1948.
W
WWW v.3.

WARNING ORDER‘ .
The Commenwealth of Kentucky,
Floydeireuit COURT
I Pikeaﬂlkhorn-ﬂoal-Goa-y-"m--'------’ P1aintiff.-.. '
Versus z WARNING ORDER
Boney"JusticI§-1‘bcs'5""""“m'" Defendant... ‘ - '
The Defendant-sane "Justice-Brim --GaF-eﬁi‘iscaf-aad-Enkmm-ﬁeirlot-Wl- Justice,
Jesse Hunt, Events Hunt, 8r. yﬂaglline Hunt and Tom Justice, as Unlmovm Defendant, Elekf’l‘fmmf‘l
is warned to appear and answer within thirty (30) days after the entry of this order, the C
' petition of the Plalntlﬁpimmmﬂm
herein ﬁled against him, and
a regular practicing attorney of this Court is appointed to correspond with said Defendant,
and to inform him by mail concerning the pendency and nature of this action, and said attor-
ney will ﬁle his report in the Clerk’s ofﬁce of this Court at the ﬁrst rule day next after the ex-
piration of said" thirty days. ’ ‘
Witness my hand as Clerk OfFleydgireui‘bGourt Court,
this..._......._._..._..day of ...."June“.........-............‘.....--....—».-194-86 V '
' Clerk Eloydcimuit Court ,
‘ MM*

‘k__-iv _V ‘3' 2 “ A-m , n,- ,‘, W, , -; .1 , u . 7:M,RW;§““'
' STATE OF KENTUCKY . I
COUNTY or FLC‘VD . . . . . SGT.
L. The affiant, Kata Hunt, says that she is a citizen and
:1: resident of Tram, Floyd County, Kentucky; that she is ,1
Cg years of age; that she is the grantee in a certain Deed of Convey—
>' ance from R. 3. Stanley, hearing date August 22, 1925, Dead Book ‘
4 65, page 55, Floyd County Court Clerk's Office, conveying lot No. 1 E
sf of Stanley ho. 2 Addition to Tram, Floyd County, Kentucky, as shown
ﬁ‘ by the plat of said addition now on file in the office of the Clerk
I1 ' of the Floyd County Court; that immediately upon the execution and 2
I. delivery of said Deed of Conveyance from R. E. Stanley to affiant,
l; she ontcrcd into the actual possession of said lot of land; that l
i: thereafter and on the 23rd day of October, 1925, she sold said tract
»t- of land to Stratton Mullins and made and executed a Deed of Convey~
cues to him therefore, which said Deed of ConVeyahce was recorded .‘
in Dead Book 82, page 87, Floyd County Court Clerk's Offi cc; that >
-i, the said Stratton Mullins did not pay affiant the purchase price of f
V said lot or the consideration set out in said Deed of Conveyance; '3
1 and that this affiant did not surrender the possession of said lot ‘
to the said Stratton Mullins but continued to hold the actual ad~
;EL verse possession of said lot until she sold and conveyed the same i:
ii to Arthur Jarrells and Aggie Jarrells, his wife, by Deed of Convay- I
’ ance dated October 16, 1945, recorded in Deed Book 129, page 511, I
‘ Floyd County Court Clerk's Office; that she surrendered and deliver- H
ed the possession of said lot to the said Arthur Jarrells and wife
15' at the time of the execution and delivery of the Deed of Conveyance .5
(i! which she made to them; and that the said Arthur Jarrells 31d wife :
:‘ continued in the actual adverse posscssion of said lots at which a

time as they sold and conveyed the portion of said lot mentioned
and referred to in Deed of Conveyance from Arthur Jarrells and wife
. to Pike~Elkhorn Coal Company, dated April 7, 1947, recorded in
. Deed Book 153, page 517, Floyd County Court Clerk's Office.
l That the said Stretton Mullins never, at any time, had
possession of said lot of land, or any part thereof; that the said f
I Stratton Mullins not having paid the purchase price of said lot, y
‘f this effiant treated the trade made with him as having been abandon~ ,
'5 ed by him and she did not know that the Deed of Conveyance which i
3;: she executed to him was caused to be recorded by him, until after ‘
. the execution and delivery of the Deed of Conveyance by her to i
’ Arthur Jarrelle and Aggie Jarrells, his wife.
Sworn to before me by Kate Hunt the day of June, ‘
‘B‘ 1948. ‘
’ . umy.

STATE OF KENTUCKY ‘
‘ COUNTY OF PIKE.......SCT.
l The affiant, Ernost Amoy, says that he is a citizen and
[ resident of Pikeville, Pike County, Keneucky; that William Amey
‘: of Tram, Floyd County, Kentucky, died intestate on march 22, 1927 .
l and left surviving him, his widow Mollie Amey and the following
. named children and heirs at law to whom his estate descended, to
wit:
George Amey, age ___w_,who resided at '
- Joe Amey ago who resided at ___”
n' Belle Amey , ago who resided at _‘ ‘
_> Mattie Winfree,agoﬂ___uwho resided at Arrington, Ohio. ‘
‘ That Jesse Amey was a son of William Amey and died prior
l to the date of the death of his fathor, William Amey, and left I
surviving him his widow, Nancy Amey, now Nancy Gaines, age _~“__J ‘r
', who resides at Pikeville, Pike County, Kentucky, and the following »
; named children and heirs at law to whom his estate descended, to ‘
' wit:
if' Ernest Amay, age _nw‘yho resided at Pikeville, Kentucky
‘ Mary Halon Amey, ago__*_;who resided at Pikeville, Kentucky
g-‘ That there was also born to the said Jesse Amey and Nancy ‘
1‘ Amey, & further child named Cecil Amey who departed this life the
g ' a___oay of , 19 , domiciled in Pike County, Ken- ,
‘t tucky, age , unmarried and without issue. A
That the said Mollie Amey had dower in and to all the
;l ' property owned by William Amey at the time of his death; that the :W
3‘ said George Amey, Joe Amey, Bill Amey and Mattie Winfree each in- ;7
'1: herited an undividod 1/3 of the property owned by the said William
Amey at the time of his death; and that the 1/5 interest which V,
‘lg would hava descended to Jessee Amey as an hair at law of William Amey, 1;
C passed to the widow and children of Jesse Amey. 1%
L‘ Sworn to before me by Ernest Amey this ;__ﬁay of , 1948. 1;

' THIS DEED OF QUIT~CLAIM, made and entered into this the
_‘ “day of June, 1948, by and between Ernest Amey and ’
‘ Amey, his wife, Mary Helen Amey (single), each of Pikeville, Pike
-” County, Kentucky, parties of the first part, and Pike-Elkhorn Coal
‘ a Company, a corporation created and organized under the laws of the
f State of Kentucky, party of the second part,
WITNESSETH: That for and in consideration of the sum of :
I'I One Dollar, and other good and valuable consideration, receipt of
.2 which is hereby acknowledged, the parties of the first part do here-
” by sell, alien, release, confirm,quit-claim and convey unto the
party of the second part, its successors and assigns forever, all _
their right, title and interest in and to lots 25, 24 and 25 of .
,_ Stanley Addition Ho. 2 to Tram, Floyd County, Kentucky, as shown ‘
f by the plat of said Addition now on file in the office of the Clerk
I. of the Floyd County Court.
I,. The parties of the first part obtained title to an interest
57 in and to said lots by descent from William Amey, deceased, and/or
T, Cecil Amey, and which lots of land hereinbefore set out were convey‘ “
f, ed by R. B. Stanley to William Amey by Dead of Conveyance dated ' ,
I; August 22, 1925, accorded in Deed Book 71, page 27, Floyd County ‘1
4‘ Court Clerk's Office. A '
1}: TO HAVE AND TO HOLD the same unto the party of the second ‘
2‘ part, its successors and assigns, forevar. _f
2‘ IN TESTIMONY WHEREOF, the parties of the first part have ..
f! executed this Deed of QuiteClaim, the day and date first herein L
' written. I I

STATE OF Kim'I‘UCKY
' COUE'ITY OF PIKE......SCT. I
I, , , Notary Public within and for the 1
County and State aforesaid, doc certify that the foregoing Deed of v
Quit-Claim from Ernest Amey etals to Pike~Elkhorn Coal Company, was
this day produced to me in my County by Ernest Amey and
'O Amey, his wife and Mary Helen Amey, to be their act and deed for .
the. purposes hereinbefore mentioned.
I further certify that my commission as Notary Public
will expire the day of , M..: 19““.
p _ . Given under my hand this the Wday of June, 1948.
WWW
_ STATE or KENTUCKY f
f COUNTY or FLOYD........SCT.
L I, JARVIS ALLEN, Clerk of the County Court within and for '
. the County and State aforesaid, do certify that the foregoing Deed
V of Quit-Claim from Ernest Amey stale to Pike-wElkhorn Coal Company,
, was on the ___.day of , 1948, duly lodged for record in -
’. my office, whereupon the same and the foregoing and this certificate '
, have been duly recorded in my office in Deed Book “___, page . ’
V : Given under my hand this ___day of , 1948.
= JARVIS ALLEN, c.r.c.c. "
1 BY D.C. ’

‘1 ‘.‘ a t, «<11 "1
1’“ ¢ / _..e._ ,- rs-..
July 2, 1948
Hon. Frank C. Malin
Professional Arts Building
Ashland, Kentucky
Dear Frank:
_ I am enclosing you herewith, duly executed, copy of
lease covering lands owned by the Harkins Estate.
. I am likewise enclosing you herewith original, duplicate
. and triplicate original of the lease in which the Mrs. Jno. C. C.
. Mayo Company and the Harkins Estate are the lessons and your cam—
. pany the lessee. It has been executed by you and on behalf of
' the Harkins Estate; and I will appreciate your having the three
‘ copies executed by the Mrs. Jno. 0.0. Mayo CO., leaving one copy
with them, retaining a copy for yourself and sending back to this
office, the third copy.

Please note that George Archer Harkins, one of Scott's
children, will be 21 years of age on July 12 and after he arrives
at full age it is my plan and purpose to have him execute a paper
ratifying and approving all deeds, contracts and leases which
have been executed for and on his behalf by his mother as his
guardian. Donald Davidson Harkins willt>e 15 years of age this
fall. In the properties which we own the minerals entirely, he
would only own an undivided 1/16; in the properties Which are
owned jointly with the Mrs. Jno. C.C.Mayo CO., his interest would
be an undivided l/SZ.

Please advise if it is deemed necessary or required by
you that we incurr the expenses of having these leases approved
by the court as to Donald Davidson. Of course, as to solid
minerals the lease can only be approved until the time he reaches
full age. While technically there would be a defect in the leases
as to his interest, yet his interest is so comparably small that
unless you especially require it, I would not want to assume the
expense or the burden of the court approval and I have no appre- ‘
hension that any question would ever arise after he becomes 21 -
years of age, as to any act done by his mother on his behalf.

My best personal regards.

Very truly yours, ‘
Joseph D. Barking
Jvﬂzmba

September 11, 19213
Sheriff Pike County, Kentucky,
Pikeville, Ky.
Dear Sir:- ‘
Pike Elkhorn Coal Co. v. Justice, etc.
I am enclosing you herewith summons and copies in the above entitled
cause. All these defendants live in Pikeville, so I understand. They
have heretofore been sumonsed, but I find an error on the part. of the Clerk
as to the summons heretofore executed, and have to have new processe.
I will appreciate it very much if you will make a special effort to
serve all of theseyarties not later than Tuesday, September 111, so that the
case will be in line for steps at our October term. ,
I have prepared the return which shows the parties upon whom the sac _
are to be semed,md i enclose check $ 7.20 Covering your fees for this service.
Thanks.
Very truly yours, '
Joseph D. Harkine.
JDH
encls. I

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'5." I" 27 2'” , "'.:
j leu—ELKH05N 610316, 110.
5? rmuwm16u1mmm— ,”
5' September 30, 1948 1
g« 155313 V
' V]. Curren§_£ssets '1
I. Cash, on hand 164.7l w
_; in bank 916.18 11,081.19 3»
.0 Accounts Receivable ﬂ
::‘ muse accts 68;0.75 ‘
_- cash adv. 88.5§M_ 6,909.31 ‘3
}ﬂ. Inventory — ____2,245.Sl 017,936.31 .1
1;: Eregaid Insurance - ' 399.21 "1
31. giggg Assets 3
11 Real Estate 750.00 _:
1% Buildings — z0,251.40 ,;
j} Hes. for depr. 529.67 ,4
ﬂ: 19,651.73 1,
1&1 Equip & Fixtures 5,859.40 ”a
f. hes. for depr. §§0.72 ﬁﬁ
g; 5,176.68 25,880.41 3:
if. gther Assets '51
::‘“ng Deposits 40 - 00 g .1.}
:ﬁ‘ Organization expense , 32.00 '3
fy“ Reserve for Income 13X _ - 252.37 -5
33 $0111 Abbglb — $44,517.30 ét
£3. LlABlLlﬂlﬂﬁ; . 11
515 92112011L11§11111§§_ . $1
gg Accounts Payable :3
pf General — ﬂ 6,524.83 1;
'ft PiKe—Elkhorn anl_Uo. 283.15 3?
~}; betsy Layne anl borpL_§iA§8L15~ 010,246.73 13
.ﬁi Accrued FOAB taxes 51.38 3?
Lg; Accrued Withholding taxes 169.75 a?
gﬁj Accrued Income taxes 52.01 93
'0! Accrued KUC taxes __ “$3.56 ﬁg
3; Total Liabilities 110,5z9.43 if
11 11
33‘ UAEIIEQ ACLOUNT g3
1;; Capital Stock $31,000.00 1;
$1 Profit and Loss __ 2,287.87 33,987.87 £1
#1 ———-———-———~——~ 2%
‘ . :n 1 a q— - -r r' n \ ' ' . n 1.: ~‘ - ~ r1 r '= \ 3' " :3
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{J
PIKE - ELKHORN STORES, INC.
TRAM. FLOYD COUNTY. KENTUCKY
LEONARD M. STEFFEY
EXECUTIVE VICE-PRESIDENT
October 8, 1948
Honorable Joseph D. Harkins
Prestonsburg, Kentucky
Dear Sir:
Will you please credit the amount of the
enclosed note, less discount, to account of Pike—
Elkhorn Stores, Inc., and mail duplicate of the '
' . deposit Slip to the stores at Justell, Kentucky
Yours truly,
PIKE—ELKHOﬁN STORES, INC.
\,
BY “\\\\\\\\
Treasurer ,

' , ’ ' - , /272
October- 14, 1948
Hon. Frank G. Malia
Professional Arts Euilding
Ashlarxl, Kentucky »
Ra: Pike: Blklmrn Stores, Inc.
Letter of October 8th.
Dear Frank: : ,__
I have had to be out of the office continuously since ‘
receipt of thia let‘sev but haw: given the note to the bank
ami duplicate daposit slip has been mailed to 3mm company
at mas tell, Kantucky.
mien I filled out this note and gave it to Harry to
haw: executed, I told him I uantaci returned to me the financial '
statement which he had gixren me priaz- that-ate and than asked
me to let him have it to bring down to you.
I was not presumed to (1150011111; this note without having .
the credit sta‘ummt, but tald the cashier to go ahead and ‘
' give you credit for the proceeds and I would write you and
have: such statement fumlished us at Once. Since I am charged
with the responsibility of getting it, please hava such state»
‘ mam: mailed direct to me. . :
My beat personal ragwda. n
V ' Very truly yet‘urs, i
' Joseph D. Harkins
- J‘Dﬁmba
cc: Mr. Leonard M. sterroy '

"W “7 '2
. , . . / a: /..<;../
FRANK c. MALIN
ASHLAND,KENTUCKY
October 15, 1948

Dear Joe:

I have and thank you for your letter
of yesterday.

1 do not have available the papers
you referred to, but 1 am enclosing a financial
statement for beptember, which is the last one.

The accounts receivable are seemingly
large, but they are accounts of our employees,
which are usually collected each payday. Our
next payday is the 23rd of this month. We
collected some of the accounts receivable on
the former payday this month, was the 2nd, and
most of the remaining account will be collected
the next payday, and we will have only the
current accounts receivable for this month
remaining unpaid.

I would much prefer that you prepare
the mortgage we discussed so that we may re— ‘
place the personal note with one secured by
a mortgage. If you will prepare it and send_
it down here, we will Sign it and send it back
to you with a copy of the resolution which you
want.

I had a letter from you the other day which
I do not quite understand. There is no previous
mortgage on any of the property offered, except
Pike-ﬁlkhorn mortgage which your bank holds for
a balance of $2000.00 and that is the new residence
at Tram which you suggested putting in the store
mortgage as it belongs to the store at this time.
lhe building at Betsy Layne is free of liens.

Yours truly,
WM ¢ 3 ’ 1W

’
THIS SUPPLEEBRTAL AGRAEAENT OF LEAﬁE, made and entereé
into this 28th day of October, 1948, by and batween Clayborn Bailey
and Lora J. Eailey, his wife, hereinartar sometimes oailad tha
Lessors, and Pikawﬁlkhorn Coal 00., a carporation organizad and
' . existing under the laws of the Commonwealth of Kanhuoky, whose
principal offica is located at Ashland, Kantuaky, party at the
second part,(herainafter sometimes called Lesaae),
wITRHSSETﬂ: That for and in consideration of the sum
‘ of Five ($5.00} Dollars aash in hand paid by the Lessee to the
Lasaors, the racaipt of whieh is haraby acknowledged, and the per-
formanaa and observatian by ﬁhe Lassaa of all the terms, conditions,
cavenanta and stipulations heneinaftar set forth, ﬁne 331$ Lasaars
, have damiaed, laased and lab, and by theaa preaents do hareby den 7
miaa, 19383 and lab unto the said LeBEee ﬁne sole and exclusive
rights and privilega of mining, excavating and removing all Of the
) minaﬁble anﬁ marohantable seal in Scam Re. I. upon and underlying
those certain tracts or bcundariea of land situate, lying and being
' an the waters af Big Sandy Rivﬁr, near the town 9f Betay Layne, in ,
Floyd County, Kantucky, and being more particularly bounded andl
daaoribed as rollowa:
TRACT KG. 1.
‘ BEGINNING at the wast side of th» old mine cpening
: near to and east of hhe St. Paul Coal Campany housas;
, thence in a aoutherly direction along thu haulway 0f
aaid opening to the top or the ridge; thenoa north- '
easterly down the ridge to the and of the point
lying betwean Betsy Layne Branah and Big Sandy River
to the present road; thence along the southerly sido
of aaid road to tha point of BEGIHRIKG.
TRACT HO. II;
I“ ., A11 those lanaa lying and located batman: Tami; No. I.
hereinhofora described and the lgnds mantionnd and
‘ describad in lanes from Clayborn Bailey, at 31a, to A
“j Pika Elkhorn Coal 00., dated Octobar 51, 1947, record~ f "
:1 ed in need Book 138, page 533, Fleyd County Court ‘ 1
. clerk's Office, whida lies Ebvth of tha South lint E

. kié) .. . ,‘_ ‘_
/"

of tho existing (old) second right entry running

from moor the top of the ridge mentioned and re.

forned to in Tract So. I horoof, a straight line

to the main forks of the Betsy Layne Branch, a

corner of leoao from Clayborn Bailey et alo., to

Pike Elkhorn Coal Co.,horoinboforo montionod and

described.

‘ $0gethor with the right to haul and transport all ooals
mentioned anﬁ referred to in loose from Cloyborn Bailey at als,
to Bike Elkhorn Coal 60., dated October 31, 194?, recorded in
Dood Book 156, page 555,Floyd County Court Clerk's Office, upon,
OVor and through the tracts of land horoinboforo described.

fi‘xoluding that portion of “the intervasnirg; lands now
under fence upon which aro located four (4) houses known as at.
Paul houses, containing two (2) acres more or loss.

Tho Losooro fuvﬁmur grant unto the Lessee the right and
privilogo of hauling upon and over tho ronQWay adjacent $0 the

‘ northorn boundary of Tract No. I. horoinbeforo montionod ano doB~
‘ cribod.

‘ The Lessors acquired title to the foregoing proportion
by dead from the Pikovillo National Bank & Trust Company, bearing
date July 15, 1938, recorded in Deed Book 109, page 576, Floyd

_ County Court Clerk's Office.

The oxelusivo right to mine all of the said mineablo and
morehnntablo coal in Seam No. I. in, upon and underlying the above '
described lands is by the said Leosors, domioed, leased ané lot

“ unto the saiﬁ Lessee, for and during the time or term of years
‘ nooosoary to mine, excavate and remove all of tho said minooblo
l and merchantablo coal in said land from Seam 30. I. thereon, and
V all coals mentioned and referred to in loose from Clayborn Bailey
at alo, to Pike Elkhorn Goal 60., date& October 31, 1947, recorded 'V
*' in Deed Book 136, page 55:5, Floyd County Court Clerk‘s Office and
to transport the same upon, over and through the lands herein ,
v mentioned and doseribod,togothor with such right in and to the use .
.2-

9 .7 - . a.
, of the surface thereof as may be reasonably necessary or convenient
_ to mine, remove and market the game, but all other property rights
and privileges therein or appertaining thereto, are expressly re»
. served.
A There are excepted from thin lease all minerals and
mineral aubstanoos and products in said land other than the coal, .
together with the exclueiva right to mine, excavate, bore for,
produce, manufacture and market such minerals, products and sub—
' stances, oils and gases, and the right to use the surface of said I
' land for farming and other purposes, not expressly leaaed hereby; I
provided, however, that said Lessee shall have, and it is hereby
granted, the right to take and use such atone, clays, sand and
graVel on aaid land as may reasonably be required in connection
with its mining, excavating and removing of the coal hereby leased.
The Loosen covenants to and with the Lessors, as follows:
(1) To promptly begin work under this lease, and to
push dsVelOpmant and operations thereunder as rapidly as the
conditions of the market, railroad facilities and labor conditions
I will reasonably permit. '
' (2) To pay to the Lessors during the continuance of this _
lease as rental for aaid coal and mining rights and privileges, a
royalty of fifteen (15¢) cents on each and every ton of two thousand ‘
(2,000) pounds of run of mine, for all coal mined upon, or used
‘ upon, or shipped from said tract or parcel of land; and all of which
royalty shall be paid to the parties Lessors herein and no minimum
‘. royalty shall be paid an to sum tracts of land herein Mentioned
and described.
Provided, however, at the and or five (5) years from the
. date hereof, all of the minnable and marohantabla coal in seam No. .
I. of Tract Bo. I. herein leased, has not been mined or paid for,
-5- 7

o ’ ' , . . ' -
- Lessoe shall then measure up all of the unmlned portions of said
coal in said seam (oxoopt tho cool doomed necessary to be left
, for barrier pillars, and for the protootlon or the roof of aaid
' mine and the aurfaoe OVarlying tho oama) and pay lessoro,therofor
on the basis of tho reasonable and customary percentage of recovery
by using tho name methods and plan of mining as are uoed in the
workings and dovelopment of the other lando anﬂ of adjaoont lease~
holds to other lands operated by the Lessee at its mino; and shall i
pay for same at tho rate of royalty harein provided.without actually
mining said coal, and when so paid for, Lesooo ahall bacomo and
be tho owner of such coal and all mining rights and privileges
heroin granted or leased whioh shall be deemed by the.Lossoe as
neooasary or oonveniont for the mining and removal of sold coal
‘ and of the coal looatod in Traoo Eb. II. hereof and or all ooala
leased or mentioned and referrod to in the lease from Glayborn
Bailey at ala, to Pike Elkhorn Cool 30., dated October 31, 194?, ‘
y rooorﬂod in Deed Book 136, page 5&3, Floyd Counﬁy Court Clerk's
Offioe. Such unminod cool shall be moaouroa and tho quantity .
thereof determined by modorn and approvoé methods now in effect
for ascertaining tho quantity for such unminod coal.
In the event the said Lasaao shall abandon said mine and
shall cease to mine and transport coal from tho lands embraced in
thorLease from Glayborn Bailoy at ala to Piko Elkhorn 0031 Go. supra,
and/or from landa under loose to Pike Elkhorn Coal Go. from other
person or parsons which they have the right to tranSPort upon, over
and through tho lands embraced in the Lease from Clayborn Bailey I
at als to Pike Elkhorn Coal Go. eupra, and the lands harein ambraced,
and at such time any of the coal embraced in the within loaae shall .
be unmined, than such coal shall rovert to and booome the preperty V
.4.

s . > A A
of the Lessors herein, anything to the onntrary heroin notwithstand-
ing.

(3) Except as harsin modified and set out, all the
terms, stipulations and agreements mentioned and set out in the
lease from Glayborn Bailey at ale, to Pike Elkhorn Coal Co., dat-

__ ed october 31, 1947, recorded in Deed Book 136, page 535, Floyd
.Gounty Court Clerk's Office, are hereby adopted, r