Greaves v. McGee case brief

Greaves v. McGee case brief summary
492 So. 2d 307 (1986)

CASE SYNOPSIS

Appellant minerals lessee challenged an order from the Circuit Court for Lamar County (Alabama), which found in favor of appellee landowners in a declaratory judgment action seeking the establishment of rights in minerals underlying a public road that crossed the landowners' property.

CASE FACTS
The landowners filed a complaint for declaratory judgment against the minerals lessee and county lessor to establish the ownership of minerals underlying a public road that crossed the landowners' property. The minerals lessee counterclaimed for a declaratory judgment in his favor.

PROCEDURAL HISTORY
The lower court entered judgment for the landowners, holding that the original grantor had only conveyed the county lessor a right of way across the land. The minerals lessee appealed and the court affirmed the judgment.

DISCUSSION

• The court held that the county lessor had only a right of way for the express purpose of constructing and maintaining the public road. 
• The court found that the deed was replete with references to the limited purpose of the conveyance, an open description contained in the deed strongly implied that no conveyance of a fee simply was contemplated, and the grantor's uncertainty as to the location of the road was not consistent with the intent to convey a fee interest. 
• The court also found that the county lessor's response to the landowners' request for admissions admitted that the deed conveyed to it only a right of way.

CONCLUSION
The court affirmed a declaratory judgment against the minerals lessee and establishing the landowners' ownership of minerals under a public road across the landowners' property.

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