HOLMES V. ALABAMA TITLE COMPANY
507 So.2d 922 (1987)
NATURE OF THE CASE: This was an appeal by 128 landowners from summary judgment for a
dispute from a grant of mineral rights.
FACTS: Appellants were owners of surface tracts located in Willow Bend subdivision in
Bessemer. The surface and mineral rights were once owned by Woodward Iron Company. Woodward
conveyed the surface to Patton by deed and excepted all mineral and mining rights reserving
those for itself, its assigns or successors. This deed was duly recorded. Appellants are
successors in title to the surface estate of Patton. In 1955, by duly recorded deed, U.S.
Steel became the successor and assign of Woodward. Mining under the subdivision began on
August 13, 1968 and then abandoned in 1982. Appellants purchased their homes in 1976-1981.
In January 1983, residents began to report problems with their land including tremors and
the appearance of surface fractures. It was determined that the ceiling of the mine had
collapsed. Appellants sued for negligence, trespass and nuisance and the trial court gave
summary judgment to Ds.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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