Louisville Gas & Electric Co. v. Brown

CULLEN, Commissioner.

In this action by Louisville Gas & Electric Company to quiet title to the coal under a certain tract of land the court entered judgment at the close of the plaintiff’s evidence dismissing the claim. L. G. & E. has appealed.

The claim of L. G. & E. rested entirely on constructive adverse possession of the coal by virtue of alleged adverse possession of the surface by the person who sold the coal rights to L. G. & E., and by his successor in title.

We doubt that even under the ordinarily applicable rules of adverse possession the claim of L. G. & E. could prevail because:

1.…