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KENTUCKY RIVER COAL CORPORATION v. BAYLESS

318 S.W.2d 554 (1955)

KENTUCKY RIVER COAL CORPORATION, Appellant, v. Charles N. BAYLESS et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 12, 1958.

Attorney(s) appearing for the Case

C. D. Carpenter, Bruce Stephens, Jr., Hazard, Hensley & Logan, Frank A. Logan, Fred B. Redwine, Louisville, for appellant.

A. E. Cornett, Hyden, McCann, Sledd, McCann, Lexington, Calvert Little, London, Logan E. Patterson, Pineville, Donald Q. Taylor, Louisville, for appellees.

CLAY, Commissioner.

In this action appellant, Kentucky River Coal Corp., sought to quiet its title to certain coal and minerals in a 48 acre tract and to recover damages from appellees for the wrongful removal of coal. Appellees moved for summary judgment, which was granted.

In 1903, John Couch, by deed of general warranty, conveyed to Tennis Coal Company, appellant's predecessor in title, the coal and minerals underlying the tract in controversy. In 1913...

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