Boggs v. Burton

WINTERSHEIMER, Judge.

This appeal was taken from a judgment of the Lawrence Circuit Court which concluded as a matter of law that the use of the Inland Gas Corporation tap on the land of the Burtons, Plaintiffs/Appellees, existed at the pleasure of the Burtons who were entitled to terminate said use by Boggs, Defendants/Appellants, at will. The judgment permanently enjoined Boggs from exercising any control or dominion over the tap.

The Appellees, the Burtons, filed suit in the Lawrence Circuit Court on October 17, 1975, seeking to enjoin the Appellants, Boggs, from exercising any control over…