Coleman v. Owens

3 Citing cases

  1. Paulina Lake Historic Cabin v. U.S.D.A. Forest

    577 F. Supp. 1188 (D. Or. 1983)   Cited 12 times
    Asserting ownership over structures is not a "federal undertaking" for purposes of NHPA

    In general, what is a reasonable time depends on the facts of the particular case. See Coleman v. Owens, 254 S.W.2d 341, 342 (Ky. 1953); Clark v. Talmadge, 23 Cal.App.2d 703, 74 P.2d 825, 827 (1937); Davidson v. Crump Mfg. Co., 99 Mich. 501, 58 N.W. 475, 476 (1894). For example, the reasonableness of a period may depend on the seasonal weather.

  2. Rice Bros. Mineral Corp. v. Talbott

    717 S.W.2d 515 (Ky. Ct. App. 1986)   Cited 2 times

    Williams' Adm'r v. Union Bank and Trust Co., 283 Ky. 644, 143 S.W.2d 297 (1940); Swiss Oil Corporation v. Hupp, 253 Ky. 552, 69 S.W.2d 1037 (1934). Further, absent an express lease prohibition against assignment, the lessee under an oil and gas lease may assign any rights possessed by virtue of that lease to a third party, who acquires all of the assignor's rights under the portion of the lease so conveyed. Cf. Coleman v. Owens, Ky., 254 S.W.2d 341 (1953). Thus, a lessee who has assigned all lease rights and retains only an overriding royalty interest possesses no ownership interest in any oil and gas in place.

  3. Venters v. Reynolds

    354 S.W.2d 521 (Ky. Ct. App. 1962)   Cited 7 times

    The entire interest of the lessees to the portion of the lot involved did not pass to Tackett, and the lessees retained certain reversionary interests and collected the rent payable. Under the definitions given, it is concluded that the Tackett agreement was a sublease instead of an assignment. Bowling v. Garber, 250 Ky. 137, 61 S.W.2d 1102; Coleman v. Owens, Ky., 254 S.W.2d 341. The subleasing of a portion of the lot without the consent of the lessor constituted a ground of forfeiture at the option of the lessor.