Dawson Daylight Coal Co. v. Beshear

' MOREMEN, Judge.

This is an appeal by the Dawson Daylight Coal Company from a judgment of the Hopkins Circuit Court dismissing its petition against the appellees filed pursuant to KRS 389.020, seeking sale of the minerals in a tract of land.

Appellant, Dawson Daylight Coal Company, owns a ¾92 interest of a one-half undivided interest in the minerals on a tract of land situate in Hopkins County. Appel-lees own jointly the remaining interest in the minerals and all the surface.

The question presented in this case is whether the owner of an undivided interest in the minerals under a tract of land…