Imerys Marble Co. v. J. M. Huber Corp.
Georgia Supreme Court
577 S.E.2d 555 (2003)
According to Benjamin Cowart’s will, which was probated in 1921, Cowart gave and bequeathed his mineral interests to his children, provided that the children held those interests in common and that the interests not be sold while the children still lived. In 1922, the children sold the mineral interests to Georgia Marble, the predecessor in interest of Imerys Marble Company (Imerys) (defendant). In 1997, Cowart’s current heirs (plaintiffs) leased the mineral interests to J. M. Huber Corporation (plaintiff). Huber and the heirs sued for a declaratory judgment as to ownership of the mineral interests. The trial court upheld Cowart’s restriction on the sale of his mineral interests and entered judgment for Huber and the heirs. Imerys appealed to the Georgia Supreme Court.
Rule of Law
Holding and Reasoning (Fletcher, C.J.)
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