Greaves v. Mcgee

492 So.2d 307 (1986)

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Nature of the Case

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Facts

McGee (P) filed a complaint for a declaratory judgment regarding minerals rights underlying a public road. Greaves (D) counterclaimed for the same rights. The trial court rules that a York had acquired title to the land and then in 1928 with his wife had executed an instrument in favor of Lamar County, Alabama for the consideration of $1.00 that allowed the County to locate and maintain a public highway on the land. There was an exact description of the location of the highway land and the words 'to have and to hold' were used. The trial court ruled that a right of way was given to the County. D appealed as he held a lease from the County for the mineral rights.