NORTH EAST COAL CO. v. BLEVINS


229 S.W.2d 162 (1950)

312 Ky. 629

NORTH EAST COAL CO. v. BLEVINS et al.

Court of Appeals of Kentucky.

Rehearing Denied May 16, 1950.


Attorney(s) appearing for the Case

Wells & Wells, Paintsville, Howard & Combs, Prestonsburg, for appellant.

Wheeler & Wheeler, Paintsville, for appellees.


CLAY, Commissioner.

Appellee has filed a motion to dismiss the appeal in this action on the ground it was not perfected within sixty days after rendition of the judgment, as required in declaratory judgment proceedings by Section 639a-5 of the Civil Code of Practice. Appellant takes the position that the action finally developed into one to quiet title, and lost its character as one for a declaration of rights.

There is no doubt the suit was commenced as a...

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