Baker v. Weinberg

OPINION

HENRY, Senior Judge.

Surface owners Rose Baker, Helen Martin, James R. Baker Jr., and Darwin Martin appeal from an order of the Knott Circuit Court awarding summary judgment to the appellees in a dispute involving the ownership and leasehold of the oil and gas rights underlying the appellants’ surface property. For the reasons stated below, we vacate the award of summary judgment and remand for additional proceedings consistent with this opinion.

In the nineteenth century John W. Bates came into ownership of property situated in the Bates Branch area of Knott County. Following his death…