SELLARS v. OHIO VALLEY TRUST CO.


248 S.W.2d 897 (1952)

SELLARS et al. v. OHIO VALLEY TRUST CO., Inc. et al.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing May 9, 1952.


Attorney(s) appearing for the Case

Hargadon, Bennett & Lemaire and Woodward, Hobson & Fulton, Louisville, A. Roy Copeland, Paducah, for appellants.

Pentecost & Dorsey and King & Craig, Henderson, for appellees.


COMBS, Justice.

The question is whether a mineral deed conveyed oil and gas. The circuit court construed it as doing so.

The granting clause of the deed, executed December 11, 1905, by Elijah Sellars to L. P. Kleiderer, is as follows: "* * * do hereby bargain sell and convey unto Grantee his heirs and assigns all the coal and other minerals underlying the surface of the five tracts of land situated in Henderson County Kentucky and hereinafter described together...

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