BARDHILL v. SELLERS


298 S.W.2d 5 (1956)

S. W. BARDHILL et al., Appellants, v. A. R. SELLERS et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 22, 1957.


Attorney(s) appearing for the Case

Duncan & Huddleston, Bowling Green, Robert E. Humphreys, Jr., Owensboro, for appellants.

George S. Clay, Henderson, Bert C. Cheatham, Evansville, Ind., for appellees.


CULLEN, Commissioner.

The circuit court held that a certain instrument of conveyance of oil and gas under a tract of 152 acres in Webster County, executed in 1889, was a "lease" rather than a "deed," to the extent that there was an implied condition of reasonable development of the oil and gas. There not having been any development for a period of more than 50 years, the court adjudged that the rights conveyed by the instrument had been abandoned and forfeited, and...

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