Legal Opinion

Flannery v. Utilities Elkhorn Coal Co.

Court of Appeals of Kentucky (pre-1976)

Decided March 19, 1940PublishedCited by 9 opinions

1Opinion of the Court

Opinion op the Court by

Creal, Commissioner

Affirming.

On September 23, 1890, John P. Mayo and wife executed and delivered to Walter S. Harkins a deed to all oil, gas and mineral rights in a tract of about 265 acres on Buck branch of Beaver creek in Floyd county, together with easements described in the deed as follows:

“The right to construct, maintain and keep in repair and operate any and all railroads, tramways, haulroads, canals, waterways, or coke ovens, dams or pipelines deemed necessary or convenient by the party of the second part, his heirs, vendees or assigns, to remove said products…

2Cases cited4 opinions

  1. Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
  2. Pike-Floyd Coal Co. v. NunneryCourt of Appeals of Kentucky (pre-1976) · 1929
  3. Himler Coal Co. v. KirkCourt of Appeals of Kentucky · 1924
  4. Collins v. Lackey Mining CompanyCourt of Appeals of Kentucky (pre-1976) · 1927

3Cited by9 opinions

  1. Buffalo Mining Co. v. MartinWest Virginia Supreme Court · 1980
  2. Groves v. Terrace Mining CompanySupreme Court of Missouri · 1960
  3. Hi Hat Elkhorn Coal Co. v. KellyDistrict Court, E.D. Kentucky · 1962
  4. Buffalo Min. Co. v. MartinWest Virginia Supreme Court · 1980
  5. Teel v. Chesapeake Appalachia, LLCDistrict Court, N.D. West Virginia · 2012

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