Steele v. University of Kentucky

Opinion op the Court by

Morris, Commissioner

Affirming.

Appellee filed its declaratory judgment suit against appellants Steele, Trustee of the Estate of Herbert Howe, deceased, the latter’s heirs, and the Bryant Stave Company, holding a contract with the trustee for cutting and removing timber from two small tracts of land, one situated wholly in Breathitt County, the other partly in that and Perry County. It alleged ownership, use and possession, and that Steele was claiming the disputed tracts as a part of the Howe estate; that the timper company under its contract was about to cut and remove…