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CALDWELL COUNTY v. HUGHETT

248 S.W.2d 338 (1951)

CALDWELL COUNTY et al. v. HUGHETT et al.

Court of Appeals of Kentucky.

Rehearing Denied May 16, 1952.

Attorney(s) appearing for the Case

C. R. Baker, Charles McGough, Princeton, Earle M. Nichols, Waddill, Laffoon & Nichols, Madisonville, for appellants

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

SIMS, Justice.

The parties will be referred to as they appeared in the trial court. The question for determination is what was the reasonable cost incurred by defendants, Caldwell County and H. W. Morse, innocent trespassers in mining $35,288.56 of fluorspar, usually referred to in the record as "spar", from the lands of plaintiffs, John Hughett and wife. The chancellor held the reasonable cost of the mining operations in producing this amount of spar was $13,502...

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