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ALLEN v. MARTIN

735 S.W.2d 332 (1987)

Eunice ALLEN, Ervine Allen, Pauline Allen, Ralph Allen, Orville Clark, Fan Clark, Willie Clark, Jr., Chaddie Dingus, Edward Dingus, Oliver Elam, Delver Hall, Thelma Hall, Dennis Hall, Willa Mae Hall, John C. Hall, Kathryn Hall, Stella M. Hamilton, Bess M. Helton, Edith M. Hopkins, Genieva Howell, Betty Jean Martin, Bernis Martin, Cassie E. Martin, Ella Martin, Frank Martin, Jr., James Martin, Darlene Martin, Lillian Opal Martin, Oval Martin, Earl Martin, William Martin, Dorothy Martin, Billy Miller, Cecil Miller, Hugo Miller, Sally Miller, Josephine Miller, Anneth Newsom, Ben Newsome, Inis Roberts, Lee Roberts, Vernice Stamper and Sam Stamper, Appellants, v. Sherman MARTIN, Nelma Martin Hall, Norma Martin Bone and McClellan Martin, Appellees.

Court of Appeals of Kentucky.

August 28, 1987.

Attorney(s) appearing for the Case

Ronnie Merel Slone, W.W. Burchett Law Offices, Prestonsburg, for appellants.

Cordell H. Martin, Martin and Doyle, Hindman, for appellees.

Before COMBS, REYNOLDS and WEST, JJ.

WEST, Judge.

This is an appeal from a summary judgment holding that all the parties herein are co-tenants in certain tracts of land and in the underlying minerals.

The appeal arose from a complaint filed in Floyd Circuit Court alleging that appellees, as adopted heirs of H.D. Martin, who died in 1972, inherited some interest in the property and minerals originally owned by H.D. Martin. Appellants denied that appellees owned any interest and asserted that the...

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