Allen v. Harvey

OPINION

BROCK, Justice.

This is an eminent domain proceeding in which no question is raised as to the right to condemn or the amount of compensation. The sole question is who is entitled to receive the $11,300.00 paid into court as damages for the taking of the land. Specifically, we must decide whether a child born out of wedlock may inherit from and through his father. The trial court concluded that he could not and the Court of Appeals affirmed. We granted certiorari.

The property in question consists of three tracts of land in Humphreys County taken by the plaintiff in 1971 for urban…