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LETCHER COUNTY COAL & IMPROVEMENT CO. v. MARLOWE

398 S.W.2d 870 (1965)

LETCHER COUNTY COAL & IMPROVEMENT COMPANY, Appellant, v. M. K. MARLOWE, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 4, 1966.

Attorney(s) appearing for the Case

Stanley R. Hogg, Emmett G. Fields, Whitesburg, for appellant.

Bruce Stephens, Jr., Hazard, for appellee.

MONTGOMERY, Judge.

M. K. Marlowe sued Letcher County Coal & Improvement Company to have his title quieted to certain mineral rights. Judgment was entered in favor of Marlowe, who concedes that the title to only about eighteen acres is involved. The coal company appeals.

The rights involved are covered by the west portion of a fifty-acre patent in the name of Greenberry Thomas dated November 29, 1844. The involved portion of the patent lies west of the...

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