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PITTSBURGH CONSOLIDATION COAL COMPANY v. JOHNSON

305 S.W.2d 317 (1957)

PITTSBURGH CONSOLIDATION COAL COMPANY, Appellant, v. George W. JOHNSON and John Johnson, Appellees.

Court of Appeals of Kentucky.

September 20, 1957.

Attorney(s) appearing for the Case

Francis L. Rice, Pikeville, for appellant.

Henry D. Stratton, Pikeville, for appellee.

CLAY, Commissioner.

This controversy involves the title to approximately 11 acres of coal land in Pike County. Appellees Johnson were adjudged the owners and were awarded damages for coal removed by appellant, Pittsburgh Consolidation Coal Company.

Appellant bases its claim to the principal part of the property on a Fleming patent issued in 1856. Appellees' claim is based on a Vanover patent dated 1873. Appellant's claim under the senior Fleming patent should...

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