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THOMASON v. MULLINAX

79-171.

403 So.2d 883 (1981)

Clancy THOMASON, et al. v. Sam MULLINAX, et al.

Supreme Court of Alabama.

August 7, 1981.

Attorney(s) appearing for the Case

Murray W. Beasley, Tuscumbia, for appellants.

J. William Thomason of Thomason & Russell, Bessemer, and Nolan & Newman, Fayette, for appellees.

N. Lee Cooper and R. Michael Leonard of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for amici curiae, Alabama Mining Institute, and Alabama Surface Mining Reclamation Council.

ALMON, Justice.

This is an appeal from a decree quieting in the heirs of Sam Mullinax title to all the minerals underlying certain land located in Fayette County, Alabama. We reverse.

In 1934, Sam Mullinax purchased from M.B. Earnest land located in Fayette County. The deed from Earnest to Mullinax contained a reservation excepting the minerals and mining rights. Even though he only owned the surface, Mullinax assessed the entire property until 1957

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