Diederich v. Ware

288 S.W.2d 643 (1956)

John T. DIEDERICH, Appellant,

v.

E. C. WARE, Appellee.

Court of Appeals of Kentucky.

March 23, 1956.

Chesley A. Lycan, Ashland, for appellant.

W. R. McCoy, Jr., Inez, Joe Vol Butt, Evansville, Ind., for appellee.

MILLIKEN, Chief Justice.

This case presents the question whether oil rights granted by an 1859 deed can be acquired through adverse possession by the owner of the surface of the land by the drilling and operation of two oil wells in a corner of a 56-acre tract.

The appellant, John T. Diederich, seeks a declaration of the rights of himself and others to royalties from two…