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ALABAMA POWER CO. v. LANCASTER

84-764.

497 So.2d 468 (1986)

ALABAMA POWER COMPANY and Chemical Bank v. James D. LANCASTER, et al.

Supreme Court of Alabama.

Rehearing Denied November 7, 1986.

Attorney(s) appearing for the Case

Steven F. Casey of Balch & Bingham, Birmingham, Roger C. Suttle of Inzer, Suttle, Swann & Stivender, Gadsden, for appellants.

J. Richard Carr, Larry H. Keener, Gadsden, for appellees.

PER CURIAM.

This is an appeal from the trial court's denial of Alabama Power Company's motions for partial summary judgment and reconsideration of that motion, as well as the trial court's order of distribution of condemnation funds. We affirm.

On May 30, 1983, Mutual Land Development Company conveyed property in Etowah County to Alabama Power Company to be used in the construction of H. Neely Henry Reservoir. The deed in pertinent part provided:

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