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