Nelson v. Bloodworth

Hill, Justice.

Appellant contends that he has been improperly denied a default judgment on his complaint for injunction and declaratory judgment and, alternatively, that he has been improperly denied injunction and declaratory judgment based upon prescriptive title to certain mineral rights in the land to which he has otherwise had fee simple record title for over seven years.

In 1941 the common grantor conveyed all bauxite on a 270-acre tract in Wilkinson County to R. M. Lee with right of access. There was some mining of the bauxite in 1941 and ’42, but no mining has been conducted on the *265prope…