Diederich v. Ware
Kentucky Court of Appeals
288 S.W.2d 643 (Ky. App. 1956)
An 1859 deed severed the oil rights from the surface rights on a tract of land. In 1923, a predecessor in title of E. C. Ware (defendant) leased the right to drill for oil on the land to Mid South Oil Company (MSOC). In 1924, MSOC drilled two wells in the corner of the tract and operated them openly, notoriously, and continually ever since. Under the 1859 deed, John Diederich (plaintiff) owned the land’s mineral rights. Diederich’s predecessors in interest had been informed that MSOC was drilling for oil under an adverse claim, but did not do anything about it. Diederich brought suit seeking a declaratory judgment that he was still the owner of the minerals. The trial court ruled in favor of Ware without determining whether MSOC’s operation of wells in the corner of the tract was sufficient to constitute adverse possession of the entire tract. Diederich appealed.
Rule of Law
Holding and Reasoning (Milliken, C.J.)
Dissent (Sims, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.