Tuggle v. Davis

Opinion op the Court by

Stanley, Commissioner

Reversing.

This suit is prosecuted by two brothers and a sister against another sister for partition of 210 acres of land in Knox. County. A special chancellor adjudged the land could not be fairly divided among the four owners because of the existence of coal and the probability of gas underneath it. The case is before us for review on the appeal of the plaintiffs.

Before considering the evidence, it is well to note the rights and obligations or burdens of the parties in establishing their respective contentions. Ky. Rev. Statutes, 381.120 (Section…