Wally v. United States

Plaintiffs sue for just compensation alleging that the defendant has taken certain mineral rights which plaintiffs owned in 2875.24 acres of land located within the confines of the Wolf Creek Reservoir on the Cumberland River in Rus*372sell and Clinton Counties, Kentucky. The Government admitted that by reason of the construction of the Wolf Creek Dam, minerals cannot be removed from the land. It defended solely on the ground that plaintiffs did not have title to the minerals in lands claimed.

At the trial of this case, it was agreed that the plaintiffs were the successors in interest of one W. A.…