KENTLAND COAL & COKE CO. v. PUGH


258 S.W.2d 461 (1953)

KENTLAND COAL & COKE CO. et al. v. PUGH et al.

Court of Appeals of Kentucky.

Rehearing Denied June 19, 1953.


Attorney(s) appearing for the Case

Hobson & Scott, Pikeville, LeWright Browning, Ashland, for appellants.

J. E. Childers, Pikeville, for appellees.


CLAY, Commissioner.

This suit was brought in equity by two coal companies, the owner and lessee of minerals on a tract of land in Pike County, to enjoin the principal appellee (hereinafter referred to as "appellee") from mining coal on the property and to quiet their title. Over the objection of appellants the controversy was submitted to the jury on an issue out of chancery, and pursuant to a verdict for appellee a judgment was entered in his favor. On this appeal...

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