Legal Opinion

Kentucky River Coal Corp. v. Napier

Court of Appeals of Kentucky

Decided February 29, 1952Published

1Opinion of the Court

CLAY, Commissioner.

This is an action to recover damages for trespass and the removal of coal from land allegedly owned by the plaintiffs, and for an injunction to prevent further interference by the defendants. The Chancellor found for the plaintiffs.

On this appeal many issues are raised, but the controlling question seems to be whether or not the plaintiffs were the owners of the land in controversy because of its inclusion in the boundaries of what is known as the “Sumpter Patent.” Assuming plaintiffs own the land embraced by that instrument, the problem is whether or not its northwestern…

2Cases cited5 opinions

  1. Hogg v. LuskCourt of Appeals of Kentucky · 1905
  2. Lewis, Wilson & Hicks v. DurhamCourt of Appeals of Kentucky · 1911
  3. Hardaway v. WebbCourt of Appeals of Kentucky · 1916
  4. Smith v. SlusherCourt of Appeals of Kentucky (pre-1976) · 1942
  5. Speed v. CreechCourt of Appeals of Kentucky (pre-1976) · 1948

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