Blackburn v. Piney Oil & Gas Co.

Opinion' of the Court by

Sims, Commissioner

Affirming in part and reversing in part.

In this opinion the appellant, John Blackburn, the plaintiff below, will be referred to as the plaintiff, and the appellees, Laurence Tierney Land Company and the Piney Oil and Gas Company, defendants 'below, will be referred' to as the defendants, Land Company and Oil Company.

By a deed dated June 29, 1889, Thomas Blackburn and wife conveyed to Arthur Bright, trustee, all minerals “in, upon, and under my farm,” situated in Pike County, Kentucky, containing 65% acres in consideration of $65.75 paid in cash upon…