Hammond v. Hammond

Opinion op the Court by

Judge Cammack

Reversing.

In the case of Hurst v. Paken Oil Co., 287 Ky. 257, 152 S. W. (2d) 981, 983, we applied the rule followed in several jurisdictions to the effect that:

* * Where an oil and gas lease is made by one party to another, covering one or more tracts of land, and is made to extend to the heirs and assigns of the parties, and different parties by purchase become the owners of separate portions of the one tract or to separate tracts of the whole, as the ease may be, each owner is entitled to the oil and gas produced on his tract and to the royalties or…