McKinney's Heirs v. Cen. Ky. Nat. Gas. Co.
Court of Appeals of Kentucky
CASE 34. — THREE SEPARATE ACTIONS BY THE CENTRAL KENTUCKY NATURAL GAS CO. AND OTHERS AGAINST JOHN McKINNEY AND OTHERS. — Appeal from Menifee Circuit Court.
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CASE 34. — THREE SEPARATE ACTIONS BY THE CENTRAL KENTUCKY NATURAL GAS CO. AND OTHERS AGAINST JOHN McKINNEY AND OTHERS. — Appeal from Menifee Circuit Court. From a judgment for plaintiffs in each case defendants therein appeal. — QUESTIONS DISCUSSED. 1. Parol evidence not admissable when the written instrument to be construed is plain and unambiguous in its terms. 2. Natural gas is a mineral. 3. ■'When a deed conveys the mineral in a tract of land and grants the right to explore and prospect for minerals, if natural gas be found, it passes. AUTHORITIES CITED. 9 Cyc. 773; Thompson and Noble, 3…
1Opinion of the Court
Opinion op the Court'by
Judge Nunn
—Affirming.
The above-styled actions were instituted by appellees against the three separate appellants for the purpose of removing a cloud from and quieting the title to the lands described in the three petitions. The-actions were brought under the provisions of section 11, Ky. St. Appellants answered and controverted the allegations of the petitions. The testimony was. heard, and the case considered by the court, and judgments were rendered in behalf of appellees in accordance with the prayers of their petitions. The questions to be considered on the -three…
2Cases cited4 opinions
- Dunham & Shortt v. KirkpatrickSupreme Court of Pennsylvania · 1882
- Murray v. AllredTennessee Supreme Court · 1897
- Gill v. WestonSupreme Court of Pennsylvania · 1885
- Deer Lake Co. v. Michigan Land & Iron Co.Michigan Supreme Court · 1891
3Cited by25 opinions
- Navajo Tribe of Indians v. The United StatesUnited States Court of Claims · 1966
- Holloway Gravel Co. v. McKowenSupreme Court of Louisiana · 1942
- Scott v. LawsCourt of Appeals of Kentucky · 1919
- Missouri Pac. Rd., Thompson, Trustee v. StrohackerSupreme Court of Arkansas · 1941
- Hudson & Collins v. McGuireCourt of Appeals of Kentucky · 1920
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