HOWELL v. BACH


580 S.W.2d 711 (1978)

Treva T. HOWELL and Jeff D. Howell, Appellants, v. Evelin C. BACH, Nancy B. Pillon, Mary F. Marshall, Josephine B. Porterfield, Steve C. Bach, Helen H. Watkins, Lena Mae Sergent, Blanche A. Adkins, John S. Hollan, and Falcon Coal Company, Inc., a Delaware Corporation, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 11, 1979.


Attorney(s) appearing for the Case

Edward F. Prichard, Jr., William L. Graham, Frankfort, for appellants.

Ed Hays, Hays & Moss, Amos H. Eblen, Eblen, Howard & Milner, Lexington, Joseph W. Craft, Jr., Craft, Barret, Haynes & Ward, Hazard, for appellees.

Before LESTER, VANCE and WILHOIT, JJ.


WILHOIT, Judge.

This is an appeal from a judgment of the Breathitt Circuit Court granting a summary judgment to the individual appellees on their claim of entitlement to share in royalties paid to their cotenants, appellants Treva and Jeff Howell, under the terms of an agreement made by the Howells without the knowledge of these appellees. We affirm.

The Howells and the individual appellees are the joint owners of certain mineral rights which are presently...

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