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HUGHETT v. CALDWELL COUNTY

230 S.W.2d 92 (1950)

313 Ky. 85

HUGHETT et al. v. CALDWELL COUNTY et al.

Court of Appeals of Kentucky.

May 19, 1950.

Attorney(s) appearing for the Case

C. A. Pepper, Princeton, Hughett & Hughett, Louisville, for appellant.

E. M. Nichols, Madisonville, C. R. Baker, Princeton, Charles McGough, Princeton, for appellee.

STANLEY, Commissioner.

The suit is to recover the value of fluorspar mined from property of the plaintiffs, John Hughett and Mrs. Maude Hughett, the defendants, Caldwell County and its lessee, H. W. Morse, being charged as willful trespassers. The circuit court adjudged that the defendants, as innocent trespassers, were liable for royalty usually prevailing in the vicinity, which was 10% of the value of the mineral extracted. The two issues in the case are (1) whether...

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