Rudd v. Hayden

Opinion of the Court by

Judge Stites

— Affirming.

This is an appeal from a judgment of the Livingv ston circuit court sitting in equity. The appellant, Mrs. Pearl Rudd, is the owner of the surface rights in a tract of land containing 125 acres located on -the bank of the Cumberland river in Livingston county. She concedes that the appellees are the owners of mineral rights in this property, but insists that their rights do not include title to a limestone bluff from which stone has been quarried by the surface owners, or under the permission of the surface owners, for several years.

The property…