GREAVES V. McGEE
492 So.2d 307 (1986)
NATURE OF THE CASE: This was a dispute over mineral rights.
FACTS: McGee (P) filed a complaint for a declaratory judgment regarding minerals rights
underlying a public road. Greaves (D) counterclaimed for the same rights. The trial court
rules that a York had acquired title to the land and then in 1928 with his wife had executed
an instrument in favor of Lamar County, Alabama for the consideration of $1.00 that allowed
the County to locate and maintain a public highway on the land. There was an exact
description of the location of the highway land and the words 'to have and to hold' were
used. The trial court ruled that a right of way was given to the County. D appealed as he
held a lease from the County for the mineral rights.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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