Kitchen, Whitt & Co. v. Fannin

Opinion op the Court by

Judge Thomas

— Reversing.

The contested questions involved on this appeal are grafted ones on an equity action filed in the Martin circuit court on September 20, 1935, by appellees, Henry Fannin and wife, Ripsy Fannin, against Warfield Natural Gas Company. Plaintiffs therein (appellees here) sought the cancellation of an oil and gas lease theretofore given on a tract of land in Martin county, Ky., upon certain grounds stated in the petition consisting of violation of the terms of the lease so as to authorize its cancellation as contended by plaintiffs in their petition.…