Arnett v. Elkhorn Coal Corp.

Opinion op the Court by

Chief Justice Hurt

Affirming.

The appellant, as the plaintiff below, by Ms petition in equity against the appellee, as. defendant, averred that he was the owner with a legal title thereto, and in the actual possession of a tract of land, which was described, in Magoffin county, and that he purchased the land from one Lewis Hoskins and wife, and dame into its possession and ownership through a deed made by Hoskins and wife. He further averred that the defendant was setting up claim to ownership of the oil» and gases in the land, and thereby casting a cloud upon his title…