Hatton v. Falcon Coal Co.

HOWERTON, Chief Judge.

The appellants appeal from a decision of the Breathitt Circuit Court which entered a summary judgment against them. The court found that their cause of action was barred by the five-year statute of limitations. We reverse the circuit court’s decision and remand.

In 1889, Abijah and Marinda White and John White conveyed to Arthur D. Bright the “coal, gases, salt water, and minerals of every description” on their property. Bright is the predecessor in title to Kycoga Company. The deed executed by Abijah and Marinda White contained the following language:

Together with the…