KENTUCKY RIVER COAL CORP. v. NAPIER


246 S.W.2d 1005 (1952)

KENTUCKY RIVER COAL CORP. et al. v. NAPIER et al.

Court of Appeals of Kentucky.

February 29, 1952.


Attorney(s) appearing for the Case

C. D. Carpenter, Bruce Stephens, Jr., Hazard, Stephen Combs, Jr. and Harry L. Moore, Whitesburg, for appellants.

Napier & Napier, Hazard, W. H. Lewis, Whitesburg, for appellees.


CLAY, Commissioner.

This is an action to recover damages for trespass and the removal of coal from land allegedly owned by the plaintiffs, and for an injunction to prevent further interference by the defendants. The Chancellor found for the plaintiffs.

On this appeal many issues are raised, but the controlling question seems to be whether or not the plaintiffs were the owners of the land in controversy because of its inclusion in the boundaries of what is...

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