CLAY, Commissioner.
Appellant brought this action to condemn a railroad right of way over a 42 acre tract of land. Appellees owned the surface rights and the Letcher Elkhorn Land Company owned the mineral rights. The amount of damages was fixed by a jury in the County Court at $3500, and the case was transferred to the Letcher Circuit Court to determine which of the two claimants was entitled to this award.
While this proceeding was pending, the Land Company...
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