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94 Ky. 595

Stuart v. Commonwealth

Court of Appeals of Kentucky

Decided September 28, 1893

Court of Appeals of Kentucky · decided 1893-09-28

Case 106 — APPEAL TO CIRCUIT COURT — Land and the undeveloped minerals in or on it cannot be separately taxed. The land includes the minerals. (Gen. Stats., chap. 92, art. 1, secs. 1, 3, 4, 6, 7, 27; Cooley on Taxation, p. 227, and Notes; Idem, p. 225, 241, 267, 268, 269; People v. Parks, 58 Cal.,. 624.) The judgment should he affirmed. (Gen. Sats., chap. 92, art. 1, secs. 1, 3, 4, 7, 9.)

Good law ✅— No negative treatment on recordhow we know

Decided 1893-09-28

How this case has been cited

Cited by 15 later decisions — most recently February 1942

2 federal appellate · 13 state decisions

60189319001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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OHIEE JUSTICE BENNETT

¶1delivered the opinion op the court.

¶2By this proceeding the estate proposed to be taxed is the mineral estate of the appellant, which he holds by separate title, another holding the surface title. It is settled by this court that an estate in fee carries with it all metals and' minerals thereunder, but the surface and the mineral interests may be conveyed to different persons and become separate ¡property, and each «interest conveyed, if the minerals are conveyed in place, will be land. In other words, the minerals’ and the surface interests may, by separate conveyance, become separate pieces of real estate, and held by different persons, and each estate may be separately seized and sold by execution, and each may be defeated by the statute of limitations as any other real estate. (See Kincaid, &c., v. McGrowan, &c., 88 Ky., 91, where the matter is fully discussed.) The mineral estate, when severed <by conveyance, being-separate real estate, may be taxed as other real estate.

¶3The judgment is affirmed.

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