Getaz v. Colony Coal & Coke Corp.
Opinion of the Court
This litigation involves interests in three tracts of land in Perry county, Ky.: (1) An interlock of about 35 acres between the Elijah Combs, Jr., 1,000-aere survey of January 31, 1846, and the Gideon Everidge 300-acre survey of August 15, ]£><&, located on the waters of Acup and White Oak creeks, and known as the Crit Crouch tract; (2) the Elias Combs 200-aere survey situated on Acup creek; and (3) the John “Greasy” Combs tract, consisting of about 100 acres situated on Mills Seat branch of Acup creek. The decree below adjudged the minerals underlying the first two of these tracts to appellees, and those underlying the third to appellants. From so much of it as relates to the third tract there is a cross-appeal.
The parties are referred to herein as they are designated on the original appeal. There is no controversy between them as to the law or its proper application. Appellees claimed
It will be seen from the foregoing that the decision below as to each tract turned on an issue of fact or the construction of a deed as aided by extrinsic evidence. The trial court fully considered all these questions in his opinion. As a discussion of them in this opinion would serve no useful purpose, it is enough for us to say that in our opinion the decree is in all respects right. It is accordingly affirmed.
Reference
- Full Case Name
- James L. GETAZ v. COLONY COAL AND COKE CORPORATION, Appellees COLONY COAL AND COKE CORPORATION v. James L. GETAZ
- Status
- Published