CENTRAL KENTUCKY NATURAL GAS CO. v. SMALLWOOD


252 S.W.2d 866 (1952)

CENTRAL KENTUCKY NATURAL GAS CO. v. SMALLWOOD.

Court of Appeals of Kentucky.

November 13, 1952.


Attorney(s) appearing for the Case

Lewis A. White, Mt. Sterling, for appellant.

Redwine & Redwine, Winchester, for appellee.


DUNCAN, Justice.

This appeal presents for our determination the question of who is entitled as between the surface or mineral owner to the rentals accruing under a lease for the subterranean storage of gas.

On September 15, 1944, the heirs of J. H. Hardwick conveyed to appellee, E. C. Smallwood, approximately 500 acres of land in Powell County. By the terms of the deed the grantors reserved one-half of the minerals. On March 3, 1950, Smallwood and his wife...

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