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NOFFSINGER v. BROWN

408 S.W.2d 436 (1966)

V. P. NOFFSINGER et al., Appellants, v. James E. BROWN et al., Appellees.

Court of Appeals of Kentucky.

November 11, 1966.

Attorney(s) appearing for the Case

Donan & Vick, Greenville, Robertson & Robertson, Owensboro, Harold M. Streets, Central City, for appellants.

William E. Payton, Jarvis, Cornette & Payton, Greenville, for appellees.

DAVIS, Commissioner.

Appellants, as heirs at law of Peter S. Noffsinger, brought this action to quiet their claimed title to all minerals except coal underlying about 192 acres of land. The appellees hold the record title to the surface of the land, and assert their ownership of all of the minerals. (There is no controversy as to the coal rights.) Summary judgment was entered sustaining the claim of the appellees. Solution of the case involves construction of certain...

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