Legal Opinion
Hughett v. Caldwell County
Court of Appeals of Kentucky (pre-1976)
Decided May 19, 1950PublishedCited by 38 opinions
1Opinion of the Court
Stanley, Commissioner
Reversing.
The suit is to recover the value of fluorspar mined from property of the plaintiffs, John Hughett and Mrs. Maude Hughett, the defendants, Caldwell County and its lessee, H. W. Morse, being charged as willful trespassers. The circuit court adjudged that the defendants, as innocent trespassers, were liable for royalty usually prevailing in the vicinity, which was 10% of the value of the mineral extracted. The two issues in the case are (1) whether the trespass was willful or innocent, and (2) the measure'of recovery if the adjudication that the defendants were…
2Cases cited18 opinions
- Swiss Oil Corporation v. HuppCourt of Appeals of Kentucky (pre-1976) · 1934
- Falls Branch Coal Co. v. Proctor Coal Co.Court of Appeals of Kentucky · 1924
- Kentucky Harlan Coal Co. v. Harlan Gas Coal Co.Court of Appeals of Kentucky (pre-1976) · 1932
- Sandy River Cannel Coal Co. v. White House Cannel Coal Co.Court of Appeals of Kentucky · 1907
- Reed v. Mercer County Fiscal CourtCourt of Appeals of Kentucky (pre-1976) · 1927
13 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Beaulieu v. ElliottAlaska Supreme Court · 1967
- Linda Holt v. John GriffinCourt of Appeals for the Sixth Circuit · 2017
- Ellison v. R & B CONTRACTING, INC.Kentucky Supreme Court · 2000
- Smith v. Carbide and Chemicals Corp.Kentucky Supreme Court · 2007
- Nortex Oil & Gas Corp. v. Harbor Insurance Co.Court of Appeals of Texas · 1970
33 more not listed; retrieve them via the Exa API.