HOWARD v. KINGMONT OIL CO.


729 S.W.2d 183 (1987)

Thomas E. HOWARD, d/b/a Tower Oil Company, Appellant, v. KINGMONT OIL COMPANY, A Kentucky Corporation, and South Kentucky Purchasing Company, a Kentucky Corporation, Appellees. KINGMONT OIL COMPANY, Cross-Appellant, v. Thomas E. HOWARD, d/b/a Tower Oil Company, Cross-Appellee.

Court of Appeals of Kentucky.

May 1, 1987.


Attorney(s) appearing for the Case

Charles J. McEnroe, Somerset, for appellant and cross-appellee Thomas E. Howard.

Tim Lavender, Whitley City, for appellee and cross-appellant Kingmont Oil Co.

John T. Pruitt, Somerset, for appellee South Kentucky Purchasing Co.

Before CLAYTON, REYNOLDS and WILHOIT, JJ.


WILHOIT, Judge.

This is an appeal and cross-appeal from a judgment of the McCreary Circuit Court setting the boundary line of property owned by Elmon King and leased to the appellee, Kingmont Oil Company, and awarding damages to the appellant for drilling encroachments by the appellee Kingmont Oil Company.

The appellant first argues that the trial court erred in establishing the boundary of the property owned by Elmon King because it relied upon the testimony...

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