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HOWELL v. KENTUCKY-WEST VIRGINIA GAS COMPANY

275 S.W.2d 429 (1955)

J. H. HOWELL et al., Appellants, v. KENTUCKY-WEST VIRGINIA GAS COMPANY, Appellee.

Court of Appeals of Kentucky.

February 4, 1955.

Attorney(s) appearing for the Case

Joe Hobson, Prestonsburg, for appellants.

Combs & Combs, Prestonsburg, for appellee.

CULLEN, Commissioner.

J. F. Howell and W. H. Howell, owners of the surface of a tract of land in Floyd County, brought action seeking a declaration as to their right to free gas for domestic purposes, under a reservation in a mineral deed executed by one of their predecessors in title. The court held that the reservation was personal to the original grantor in the mineral deed, and his children living on the land, and that the Howells were not entitled to free gas...

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