ALLEN v. ALLEN


265 S.W.2d 790 (1954)

ALLEN et al. v. ALLEN et al.

Court of Appeals of Kentucky.

March 5, 1954.


Attorney(s) appearing for the Case

Joe Hobson, Prestonsburg, Dan T. Martin, Hindman, for appellants.

Howard & Francis and J. Woodford Howard, Prestonsburg, for appellees.


CAMMACK, Justice.

This appeal is from a judgment declaring the appellees, heirs of Cora Gearheart, to be the owners of three acres of coal underlying a part of a 34 acre tract of land referred to in this case as Lot No. 9. In 1905, Joseph Gearheart and his wife, Cora, conveyed the coal under their 297.4 acres of land to the Beaver Creek Coal and Coke Company. They excepted from that conveyance three acres of coal which were specifically described in the deed. Joseph...

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