Commerce Union Bank v. Kinkade

I agree with the result in this case; however, I disagree with the manner in which this mineral deed is distinguished from the “broad form” mineral deeds.

This disagreement is based on an analysis of the authorities cited in Buchanan v. Watson, Ky., 290 S.W.2d 40 (1956). Here, as in Buchanan, the only feasible and economical method to mine the coal is by strip mining. Buchanan, in holding that the possessor of the mineral deed had the right to mine the coal by the method of strip mining, stated that “[t]he doctrine of stare decisis requires that we do not depart from the established rule.” A…