W. S. NEWELL, INC. v. RANDALL

77-785.

373 So.2d 1068 (1979)

W. S. NEWELL, INC., an Alabama corporation v. Bessie RANDALL.

Supreme Court of Alabama.

Rehearing Denied August 24, 1979.


Attorney(s) appearing for the Case

Thomas M. Galloway, Jr. of Collins, Galloway & Smith, Mobile, for appellant.

Leo L. Crain of Brutkiewicz & Crain, Mobile, for appellee.


TORBERT, Chief Justice.

Appellee, Bessie Randall, conveyed certain real property by deed in 1951 and reserved therein "an undivided one-half of the usual one-eighth royalty interest in and to any and all gas, oil, sulphur, clay, gravel or other minerals from said land." Through a series of mesne conveyances appellant, W. S. Newell, Inc., became the owner of the land in question. Appellant, a corporation engaged in road construction, removed 530,000 cubic yards of...

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