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KILFOYLE v. WRIGHT

No. 19102.

300 F.2d 626 (1962)

Mrs. C. H. KILFOYLE, Appellant, v. W. M. WRIGHT and Gulf Oil Corporation, Appellees. W. M. WRIGHT, Appellant, v. Mrs. C. H. KILFOYLE, Appellee.

United States Court of Appeals Fifth Circuit.

March 20, 1962.

Attorney(s) appearing for the Case

Albert J. Tully, Mobile, Ala., Holberg, Tully, Hodnette & Mobley, Mobile, Ala., of counsel, for appellants.

W. Dewitt Reams, Sam W. Pipes, III, Mobile, Ala., Charles C. Richmond, Sr., Wm. R. Harris, Jackson, Miss., Irwin W. Coleman, Jr., Raymond A. Corcoran, Mobile, Ala., C. C. Richmond, Jackson, Miss., Lyons, Pipes & Cook, Mobile, Ala., of counsel, for appellee Gulf Oil Corporation.

Before RIVES and WISDOM, Circuit Judges, and CARSWELL, District Judge.

RIVES, Circuit Judge.

On motions for summary judgment the district court held that a deed from Wright to Mrs. Kilfoyle dated September 2, 1943:

(1) Included in the described lands Lot 13, Block 23 of the Townsite of Citronelle, Alabama.

(2) Conveyed to Mrs. Kilfoyle for the period described the entire royalty interest in gas, oil and other minerals, and not ownership of the minerals themselves as they are imbedded in the ground.

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