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TODD v. DEVANEY

8 Div. 886.

92 So.2d 24 (1957)

S. W. H. TODD v. Claude DEVANEY et al.

Supreme Court of Alabama.

January 17, 1957.

Attorney(s) appearing for the Case

Harry Strange, Russellville, for appellant.

Guin & Guin and Key & Williams, Russellville, for appellees.

MERRILL, Justice.

Appellees filed a bill seeking a declaratory judgment as to their rights in fifty acres of land in Franklin County. The bill showed that Devaney and Wilson owned the tract in 1933 when they conveyed the surface rights to R. P. Millican, reserving the mining rights. In 1943, Millican conveyed his rights to appellant. In November, 1954, the executors and heirs of Devaney and Wilson, who are parties complainant, leased the mining rights in forty acres...

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