Eversole v. Virginia Iron, Coal & Coke Co.
Court of Appeals of Kentucky
CASE 73. — ACTION BY THE VIRGINIA IRON, COAL & COKE CO. AGAINST JAMES EVERSOLE, ETC., TO DETERMINE HIS RIGHT TO CERTAIN LAND AND THE MINERAL RIGHTS THEREIN. — April 19. Appeal from Perry Circuit Court. ML J. Moss, Circuit Judge. Judgment for plaintiff.
Read the full summary
CASE 73. — ACTION BY THE VIRGINIA IRON, COAL & COKE CO. AGAINST JAMES EVERSOLE, ETC., TO DETERMINE HIS RIGHT TO CERTAIN LAND AND THE MINERAL RIGHTS THEREIN. — April 19. Appeal from Perry Circuit Court. ML J. Moss, Circuit Judge. Judgment for plaintiff. Defendants appeal. 1. Whether or not the trial court erred in overruling the appellant’s motion to require plaintiff (appellee) to elect which cause of action it would prosecute, the one to cancel deed from James Eversole and wife to M. C. Eversole, of date the 6th day of July 1903; the one to compel James Eversole to convey said mineral and…
1Opinion of the Court
OPINION OP THE COURT BY
JOHN I). CARROLL, Commissioner
— Affirming.
This controversy grows ont of conflicting claims of appellant M. Cl Eversole and appellee coal and coke1 company to the mineral rights and privileges in about 300 acres of land in Perry county. The facts are substantially as follows: In 1884 Thomas. Milam purchased the tract of land from William Stacey, paying hiten therefor $400 and taking a bond for title. This bond was not put to- record, but soon after the purchase Milam moved on the land and lived there until 1890, when he sold the tract to appellant James-Eversole for…
2Cases cited6 opinions
- Herr v. MartinCourt of Appeals of Kentucky · 1890
- Packard v. Beaver Valley Land & Mining Co.Court of Appeals of Kentucky · 1894
- Corbin v. SullivanIndiana Supreme Court · 1874
- Cornelison v. FousheeCourt of Appeals of Kentucky · 1897
- Lindsey's heirs v. RankinCourt of Appeals of Kentucky · 1817
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Farnsworth v. BarretCourt of Appeals of Kentucky · 1912
- Cox v. Colossal Cavern CompanyCourt of Appeals of Kentucky (pre-1976) · 1925
- Tucker v. WitherbeeCourt of Appeals of Kentucky · 1908
- Hyde Park Supply Co. v. Peck-Williamson Heating & Ventilating Co.Court of Appeals of Kentucky · 1917
- Kentenia Corp. v. Mining Co.Court of Appeals of Kentucky · 1914