Terteling Brothers, Inc. v. Bennett

MOREMEN, Judge.

Appellant, Terteling Brothers Incorporated, is the owner in fee simple of the surface and of an undivided one-half interest in oil, gas and other minerals lying under the surface of a tract of land' situate in Ohio County. Appellee, C. R. Bennett, is the owner of the remaining undivided one-half interest in the oil, gas and minerals under the same land. :..

Appellant, under KRS 389.020 (once, § 490 of the Civil Code of Practice) by petition to the circuit- court sought a judgment ordering sale of the undivided -interest in the oil, gas. and minerals and a division of the…