Director of Highways v. Caperton

The state of Ohio appropriated for highway purposes approximately 20 acres of land belonging to Robert T. Caperton and Elvetta L. Caperton. There was a large deposit of sand and gravel underlying this land, which, at the time of the appropriation, was being removed by a sublessee, M. S. *129Worth, doing business as Lodi Sand and Gravel Company. ^ The Capertons had originally leased the land to W. W. McVicker and J. D. McVicker for the purpose of removing sand and gravel therefrom. These latter, or primary, lessees subleased the land to Worth, who began the extraction of sand and gravel by…