Carroll v. Kentucky & West Virginia Gas Co.

CULLEN, Commissioner.

The dispute in this case concerns the location of the boundaries of a 300-acre tract of mountain land conveyed by a deed of 1890. The plaintiff (appellee) claimed that the boundaries were so located as to embrace a gas well which the plaintiff has been operating for some 20 years. The defendants (appellants) maintained that the tract lay south of the well and did not embrace it. The trial court, accepting the testimony of the plaintiff’s surveyor, entered judgment locating the boundaries as claimed by the plaintiff. The defendants, appealing, argue the case solely on the…