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PAYNE v. HOOVER, INC.

84-1071.

486 So.2d 426 (1986)

Clinton C. PAYNE, et al. v. HOOVER, INC., a corporation, et al.

Supreme Court of Alabama.

March 28, 1986.

Attorney(s) appearing for the Case

Stanley E. Munsey, of Rosser & Munsey, Tuscumbia and Gene M. Hamby, Jr., of Hamby & Baker, Sheffield, for appellants.

Vincent McAlister and J. Michael Broom, of Almon, McAlister, Ashe, Bacchus & Tanner, Tuscumbia and Lewis B. Hollabaugh and Michael E. Evans, of Manier, White, Herod, Hollabaugh & Smith, Nashville, Tenn., for appellee Hoover, Inc.

John D. Clement, Jr., Tuscumbia, for appellees Omar P. Waldrep, Jane R. Waldrep, Mary Jane Waldrep, and Malcolm Waldrep.

SHORES, Justice.

This is an appeal from a summary judgment for the defendants in a suit for declaratory judgment. We affirm the trial court's judgment and hold that limestone is not a "mineral," as that word is used in the deed in question.

On November 3, 1915, George B.H. Martin and Amelia A. Martin executed a warranty deed conveying approximately 445 acres of land in Colbert County, Alabama, to Oscar Ham. The deed contained the following reservation:

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