Taylor v. Coal-Mac, Inc.

HOWERTON, Judge.

Marion and Patty Taylor appeal from a summary judgment in favor of Coal-Mac, Inc., Triple Elkhorn Mining Co., Inc., and CSX Minerals, Inc., who are mineral owners or lessees, and George Barnett, who was the previous surface owner of the property in question. Because we determine that the Taylors were the parties entitled to a summary judgment on the cross-motions, we reverse.

The Taylors are the surface owners of approximately 225 acres in Stumbo’s Branch in Floyd County, for which they paid $6,000. They acquired the property by deed dated December 20,1971, from George and…