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SMYTH v. KOPLIN

294 S.W.2d 525 (1956)

E. W. SMYTH et al., Appellants, v. Harry KOPLIN et al., Appellees.

Court of Appeals of Kentucky.

October 19, 1956.

Attorney(s) appearing for the Case

Clem F. Kelly, Lexington, V. S. Beatty, Beattyville, for appellants.

H. M. Shumate, Irvine, Edward Jackson, Beattyville, for appellees.

MOREMEN, Judge.

This is an appeal from a judgment wherein it was found that appellants had forfeited their interest in certain property.

E. S. Moore owned some 237 acres in Lee County. On December 6, 1916, he executed an oil and gas lease covering this property to John H. McClurkin which contained this clause:

"It is agreed that this lease shall remain in force for the term of 5 years from this date and as long thereafter as oil or gas, or either...

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