MORSE v. SHACKELFORD

No. 4374.

9 F.2d 907 (1926)

MORSE v. SHACKELFORD et al.

Circuit Court of Appeals, Sixth Circuit.

January 5, 1926.


Attorney(s) appearing for the Case

Martin T. Kelly, of Pineville, Ky., for appellant.

Sam Hurst, of Beattyville, Ky. (G. W. Gourley, of Beattyville, Ky., on the brief), for appellees.

Before DONAHUE, MOORMAN, and KNAPPEN, Circuit Judges.


KNAPPEN, Circuit Judge.

This bill in equity was brought by appellant to restrain appellees from interfering with appellant's mining for gas and oil in and under 1,000 acres of land in Lee county, Ky., part of the original Carnan grant of 29,000 acres. Appellant claims only the minerals. Appellees concededly own the surface, and were in possession when the bill was filed.

Appellant's claim to the minerals is based upon a deed from one Duckham to one Breck,...

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