R.B. Mixon v. One Newco, Inc. (Now General Chemical Corporation), a Delaware Corporation

HENDERSON, Senior Circuit Judge:

This is an appeal from the judgment of the United States District Court for the Middle District of Georgia granting mineral rights to the surface owner of a tract of land under the authority of OCGA § 44-5-168. The essential facts of this case are undisputed. On March 28, 1964, the appellee, R.B. Mixon, conveyed by recorded instrument all mineral rights on a certain parcel of land in Wilkinson County, Georgia, to Allied Chemical Corporation (“Allied”). Mixon retained title to the surface land, which remained unimproved and unfenced from the date of the…