Shaver v. Ellis

Opinion op the Court by

Commissioner Tinsley—

Affirming.

Claiming to be the owners of six-eighths of a certain tract of land in Ohio county, Ky., the appellants, as plaintiffs below,'instituted this action in the Ohio circuit court to recover of the appellees, as defendants, the value of six-eighths of the oil produced and marketed therefrom, for an accounting; and for an injunction against further producing and marketing oil without accounting to them therefor.

In the summer of 1884, Hardin Ashley, a resident of Ohio county, Ky., died testate, the owner of the land involved in this litigation,…