DAUPHIN ISLAND PROPERTY OWNERS ASS'N v. CALLON INST. ROYALTY INVESTORS I

85-1074.

519 So.2d 948 (1988)

DAUPHIN ISLAND PROPERTY OWNERS ASSOCIATION v. CALLON INSTITUTIONAL ROYALTY INVESTORS I, etc., et al.

Supreme Court of Alabama.

January 22, 1988.


Attorney(s) appearing for the Case

Barry Hess of Hess, Atchison & Horne, Mobile, for appellants.

Conrad P. Armbrecht II, Douglas L. Brown, and David E. Hudgens of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, for appellees.


ALMON, Justice.

The issue in this case is whether a perpetual, nonparticipating royalty interest in minerals violates the rule against perpetuities. The Dauphin Island Property Owners Association ("the Association") filed this action, requesting the court to declare that a 1981 royalty deed from the Association to Dan Dumont was void and to quiet title to the subject property in the Association. The complaint named as defendants Dumont and Callon Institutional Royalty...

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