LITTLE v. CARTER


408 S.W.2d 207 (1966)

Mary Brewer LITTLE and Reed Little, Appellants, v. Henry H. CARTER and Alma J. Carter, Appellees.

Court of Appeals of Kentucky.

November 4, 1966.


Attorney(s) appearing for the Case

John C. Fogle, Bryan & Fogle, Mt. Sterling, for appellants.

William A. Young, Frankfort, for appellees.


STEWART, Judge.

This appeal is from a judgment of the Morgan Circuit Court which declared limestone is not a mineral, within the meaning of a reservation contained in a series of deeds, beginning with a conveyance of 450 acres on March 5, 1925, from Mitchell Brewer and Lizzie Brewer, his wife, to Jerry Brewer.

The deed to Jerry Brewer was executed and delivered subject to a reservation of 1/16 of the oil and gas, ½ of the fire clay, "and a ½ interest...

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