Legal Opinion

Cent. Ky. Nat. Gas Co. v. Stevens

Court of Appeals of Kentucky

Decided June 18, 1909PublishedCited by 8 opinions

CASE 41 — ACTION BY WILLIAM STEVENS AND ANOTHER AGAINST THE CENTRAL KENTUCKY NATURAL GAS CO. — Appeal from. Montgomery Circuit Court. Judgment for plaintiffs, defendant appeals. — >W.e find no case saying in direct terms that title to land may be tried in a comity other than the one in which the land is located, when the question arises incidentially to a question where, primarily, the subject matter is within the jurisdiction of that county.

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CASE 41 — ACTION BY WILLIAM STEVENS AND ANOTHER AGAINST THE CENTRAL KENTUCKY NATURAL GAS CO. — Appeal from. Montgomery Circuit Court. Judgment for plaintiffs, defendant appeals. — >W.e find no case saying in direct terms that title to land may be tried in a comity other than the one in which the land is located, when the question arises incidentially to a question where, primarily, the subject matter is within the jurisdiction of that county. But we find numerous instances where it is? dlone and tihe rule is thereby established, that where the primary subject matter of the action is within…

1Opinion of the Court

Opinion op the Court bit

Judge Hobson

— Reversing.

On July 2, 1904, the New Domain Oil & Gas Company entered into a contract with William Stevens and Charity Stevens, his wife, by which it leased from them the oil and gas under a tract of land containing 100 acres lying in Menifee county. After-wards the New Domain Oil & Gas Company conveyed its rights under the lease to the Central Kentucky Natural Gas Company. That company also leased from G. W. Pointer and Josephine Pointer, his wife, the oil and gas on 100 acres of land adjoining the Stevens tract. It put down a well and struck gas. By the…

2Cases cited4 opinions

  1. Fishback v. GreenCourt of Appeals of Kentucky · 1888
  2. DeHaven v. DeHaven's AdministratorCourt of Appeals of Kentucky · 1898
  3. Smith v. Mercer CountyCourt of Appeals of Kentucky · 1898
  4. Dawkins v. HoughCourt of Appeals of Kentucky · 1902

3Cited by8 opinions

  1. Kennedy v. HicksCourt of Appeals of Kentucky · 1918
  2. Caudill v. LittleCourt of Appeals of Kentucky (pre-1976) · 1956
  3. Cowan v. ZimmermanSupreme Court of Virginia · 1940
  4. Cumberland Pipe Line Company v. RaiderCourt of Appeals of Kentucky (pre-1976) · 1931
  5. Burket v. CommissionerUnited States Board of Tax Appeals · 1930

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