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Greaves v. McGee

Supreme Court of Alabama
492 So. 2d 307 (1986)


Facts

W.C. York conveyed a real property interest to Lamar County by a deed that granted “for the use and purpose of maintaining a public  highway, all of [their] right title, interest and claim to a strip of land twenty feet wide to be used for the purpose of constructing a road . . . .” The deed went on to describe the land and stated that the land conveyed included “any land that said road is now located on, or may hereafter be located on by Lamar County or its agents . . . .” Lamar County executed a mineral lease to Greaves (defendant) for the land described in the deed from York. The McGees (plaintiffs),York’s successors in title, filed suit seeking to declare their ownership of the minerals under the public road. Greaves counterclaimed to quiet title in his favor. The Circuit Court of Lamar County found for McGee. Greaves appealed.

Rule of Law

Issue

Holding and Reasoning (Houston, J.)

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