*121*11Facts,admitted or established by the evidence are substantially as follows: The defendants are-' the Eclipse Coal Company, B. J. Mallory, A. M. Norris, Mary A. Norris, Mary E. Burwell, and A. E. Burwell. On the 14th day of September, 1896, .Mary Nutt, now the defendant, Mary Burwell, was the owner of a tract of eighty acres of land in Boone county, on which there was a co-al mine. On the day specified she leased to the defendant Mallory the land, together with the coal-mining machinery,, apparatus, shafts, entries, and improvements, for the term *12of five years. As a consideration for tbe lease, Mallory agreed to pay a royalty of twenty-five cents on each ton of coal mined and dumped over a screen of -a specified kind;.to» furnish lessor twenty-five tons of lump coal each year; to work, and develop the mine'in a. good, workmanlike manner; and to keep the machinery and buildings in good repair and working order. The lease also provided that: “New machinery and improvements and iron tracking that may he added by second party (Mallory) shall not he removed until first party has had an. opportunity and reasonable time to purchase the same. If first party refuses to purchase the same, then second party may remove-said improvements without further notice.” On the fifth day of February, 1897, Mary Nutt entered into- a contract in-writing with Nellie Kintzley for the sale to- the latter of the land. In June, 1897, the contract was assigned' to the defendant A. M. Norris, and on the 1st day of September-was assigned by him to F. A. Norris and the defendant Mary A. Norris. It was recorded in October of the same year,, and F. A. Norris assigned his interest in the contract to-Mary Norris on the 1st- da.y of February, 1898. Mallory entered into possession of the premises under his lease, and’ improved and worked the mine. In June, 1897, he transferred the lease to the Eclipse Goal Company, which thereafter operated the mine, under the management of Mallory, The lease was abandoned by Mallory and the coal company in January, 1898. The plaintiff and others performed labor in and about the mine in December, 1897, and January, 1898, for which they have uot been paid. Co-employes of the plaintiff have assigned their claims to him, and he seeks: to recover the aggregate amount due for labor- performed! by himself and his assignors, a penalty, and attorney’s fees,, and _ to have a. lien therefor established and enforced, as: already stated. The defendant Mary Burwell denies the-alleged rights of the plaintiff to a lien, and claims tjjiat royalties to the amount of about nine hundred dollars were due-*13her by virtue of the lease when it was abandoned, and that her claim therefor is superior to any lien to which the plaintiff is entitled. She asks for such relief as is proper to protect her rights. The district court rendered judgment in favor of the plaintiff and against the coal company and Mallory for one thousand two hundred and forty-eight dollars and thirteen cents, a penalty of one hundred dollars, and an attorney’s fee of three hundred dollars. The court also ¡adjudged that the leased premises had been enhanced in value to the extent of one thousand four hundred and sixteen dollars and eighteen cents by reason of material ■furnished and labor performed by Mallory while operating the mine under his lease; that the plaintiff have a first lien •on the land, the coal mine, and all property, both real and personal, used in, the construction and operation of the mine, -to the amount last stated. No relief was given to Mary Burwell. •