Allen v. Martin

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 appel-lees, 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 appel-lees owned any interest and asserted that the “adoptions” were improperly conducted under the law in existence at the time they occurred.

The record reveals that the four appel-lees…