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KENTUCKY RIVER COAL CORP. v. GRIGSBY

263 S.W.2d 926 (1954)

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

Court of Appeals of Kentucky.

January 15, 1954.

Attorney(s) appearing for the Case

C. D. Carpenter, Bruce Stephens, Jr., Hazard, for appellants.

Napier & Napier, Hazard, for appellees.

DUNCAN, Justice.

This action in trespass to recover the value of coal mined and removed was tried as an equitable action, and we shall so treat it on the appeal. Appellees, the heirs at law of B. F. Grigsby, Jr., sought damages for the mining of 20,000 tons of coal from the land in controversy, the value of which was alleged to be $10,000. Appellants' answer and counterclaim denied appellees title and asserted ownership in appellants. The Chancellor found for appellees...

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