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CLARK v. WILSON

316 S.W.2d 693 (1958)

Edgar CLARK et al. v. Vernon J. WILSON and Joe McGuire, d/b/a Mt. Carmel Drilling Company, et al., Appellees.

Court of Appeals of Kentucky.

October 3, 1958.

Attorney(s) appearing for the Case

Charles I. Dawson, Bullitt, Dawson & Tarrant, Louisville, for appellants.

John O. Hardin, Hopkinsville, Albert Williams, Nashville, Tenn., Nichols & Nichols, Madisonville, Milliken & Milliken, Bowling Green, for appellees.

STANLEY, Commissioner.

The case involves title to oil and gas and other minerals in and under 361/8 acres in Hopkins County. The primary question is whether or not an instrument executed on July 23, 1889, by James Adams to Sand Lick Oil and Gas Company is in fact a deed conveying as a severed estate a fee simple title to oil and gas underlying the described 500 acres, of which the 361/8 acres are a part. A subsidiary and contingently controlling question is res judicata...

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