Easley v. Melton

MILLIKEN, Justice.

This is an action in equity under the declaratory judgment act by the plaintiff s-appellees for a declaration of rights as to the ownership of the oil and gas underneath 40 acres of land located in Webster County, Kentucky. The sole question presented on this appeal is whether a deed of “the coal and mining rights” in real estate should be construed to include the oil and gas rights therein.

On October 17, 1902, appellees’ predecessors in title executed a deed in favor of appellants’ predecessors in title. The deed described three tracts of land, one of which contained 40…