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JOHNSON v. POTTER

433 S.W.2d 358 (1968)

James B. JOHNSON et al., Appellants, v. Woodrow POTTER et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing November 15, 1968.

Attorney(s) appearing for the Case

O. T. Hinton, Pikeville, for appellants.

Henry D. Stratton, V. R. Bentley, Ronald W. May, Pikeville, James Park, Jr., Lexington, for appellees.

PALMORE, Judge.

The appellants, hereinafter called the Johnsons, leased a tract of land and right-of-way from Curtis Potter and wife, Corbie Potter, for the purpose of quarrying limestone. The term of the lease ran from 1949 to 1964 with a 10-year renewal option. In 1961, twelve years later, the appellees, whom we shall call the Richard Potter heirs,1 brought this suit to quiet their title to a 30-acre tract on which the Johnsons had constructed...

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