HOWELL PETROLEUM CORP. v. HOLLIMAN

85-1363.

504 So.2d 277 (1987)

HOWELL PETROLEUM CORPORATION, et al. v. Cecil R. HOLLIMAN, et al.

Supreme Court of Alabama.

February 27, 1987.


Attorney(s) appearing for the Case

Mary R. McKay of Watson & Harrison and Andrew J. Smithart III of Lee, Barrett, Mullins, Smithart & Bradford, Tuscaloosa, and Louis P. Moore of Holder, Moore & Grocholski, Fayette, for appellants.

Candice J. Shockley of Holliman & Tucker, Bessemer, and Charles E. Pearson, and James J. Sledge of Rosen, Harwood, Cook & Sledge, Tuscaloosa, for appellees.


TORBERT, Chief Justice.

This is a deed construction case. The only issue is whether the trial court erred in construing a 1924 deed from J.M. Holliman to the Citizens Bank of Fayette to effect a mineral exception for the benefit of the grantor.

In 1917, the United States granted a land patent for the subject property to William Aldridge; the patent reserved to the United States all the coal in the described property. Aldridge mortgaged the property, without...

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