Majestic Collieries Co. v. Allen

Opinion of the Court by

William Rogers Clay, Commissioner

— Granting petition for rehearing and affirming on cross-appeal.

In our former opinion, 176 Ky. 249, we held that as plaintiffs and defendants claimed title through a common source, defendants could not defeat a recovery by plaintiffs by mere proof of a superior outstanding title without connecting their title therewith. In their petition for a rehearing, defendants have called our attention to the fact that they did plead ownership under the prior Lee and Prater survey, and not only was this allegation not denied by plaintiffs, but they…