Joyce v. Zachary

CULLEN, Commissioner.

In Lebow v. Cameron, Ky., 394 S.W.2d 773, this court held that in developing and operating oil wells on a 55-acre tract of land in Daviess County under a “top” lease (subsequently held invalid) the Le-bow interests were innocent trespassers and were required to account to the Cameron interests, who held a prior lease, only for the net profit derived from the oil rather than the gross profit. The case was remanded to the circuit court to adjudicate the propriety of the expenses for which the Lebow interests sought credit and for an accounting.

The circuit court proceeded to…