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SMITH v. KENTLAND COAL & COKE COMPANY

276 S.W.2d 663 (1955)

Matilda Hackney SMITH, Appellant, v. KENTLAND COAL & COKE COMPANY, Appellee.

Court of Appeals of Kentucky.

March 18, 1955.

Attorney(s) appearing for the Case

Farley & Farley, L. Clyde Farley, Pikeville, for appellant.

Hobson & Scott, Peyton Hobson, Jr., Pikeville, for appellee.

CAMMACK, Justice.

In 1952, the appellant, Matilda H. Smith, brought suit in the Pike Circuit Court against the appellee, Kentland Coal & Coke Company, alleging that she has a one-tenth undivided interest in the minerals on certain property to which the Company claims full title. She prayed that the minerals be sold and that she be given one-tenth of the proceeds of the sale, or in lieu thereof that it be adjudged that the minerals be partitioned and she be given...

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