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HELLIER COAL & COKE CO. v. BOWLING

272 S.W.2d 651 (1954)

HELLIER COAL & COKE CO., Inc. v. BOWLING et al.

Court of Appeals of Kentucky.

Rehearing Denied December 10, 1954.

Attorney(s) appearing for the Case

Wine & Venters, E. N. Venters, Pikeville, for appellant.

J. E. Childers, Jean L. Auxier, Pikeville, for appellees.

CLAY, Commissioner.

This suit was brought by appellees to recover damages for the mining of coal and to have title quieted to a tract of land in Pike County. The Chancellor denied a recovery of damages but adjudged appellees the fee simple owners of approximately 60 acres of land.

There is involved in this controversy a number of surveys, patents, deeds and a claim of adverse possession. In effect the judgment upheld the claim of adverse possession to a boundary...

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