WHITEHEAD v. JOHNSTON

83-608, 83-609.

467 So.2d 240 (1985)

John J. WHITEHEAD and Marie G. Whitehead v. J.B. JOHNSTON, Jr., et al. H.P. CAIN and Martha Cain v. J.B. JOHNSTON, Jr., et al.

Supreme Court of Alabama.

March 15, 1985.


Attorney(s) appearing for the Case

Robert S. Edington, Mobile, for appellants Whitehead.

Mark J. Everest of Collins, Galloway & Smith, Mobile, for appellants Cain.

James W. Tarlton, III, and John W. Donald, Jr., Hamilton, Butler, Riddick, Tarlton & Sullivan, Mobile, for appellees.


MADDOX, Justice.

These cases were consolidated on appeal. At issue is the validity of a "cover-all" or "Mother Hubbard" clause in a standard producer's 88, oil, gas, and mineral lease, and whether it is ambiguous.

The facts are as follows: Co-appellant H.P. Cain acquired Lot 16 of the Grand Bay Land Company Subdivision on August 14, 1946. In December of 1974, Cain leased the south half of Lot 16 to E.L. Dunn. In January of 1975, Cain leased the north half...

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