Imerys Marble Co. v. J. M. Huber Corp.
Georgia Supreme Court
577 S.E.2d 555 (2003)
Facts
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
Issue
Holding and Reasoning (Fletcher, C.J.)
What to do next…
Here's why 711,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.