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JOYCE v. ZACHARY

434 S.W.2d 659 (1968)

J. P. JOYCE, Administrator W. W. A., H. B. Cameron, Deceased, et al., Appellants, v. Robert P. ZACHARY, Administrator of the Estate of Simon Lebow, Deceased, et al., Appellees.

Court of Appeals of Kentucky.

November 22, 1968.

Attorney(s) appearing for the Case

Sandidge & Sandidge, Thomas E. Sandidge and James Sandidge, Owensboro, for appellants.

William G. Craig, Owensboro, for appellees.

CULLEN, Commissioner.

In Lebow v. Cameron, Ky., 394 S.W.2d 773, this court held that in developing and operating oil wells on a 55-acre tract of land in Daviess County under a "top" lease (subsequently held invalid) the Lebow interests were innocent trespassers and were required to account to the Cameron interests, who held a prior lease, only for the net profit derived from the oil rather than the gross profit. The case was remanded...

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