Brooks v. Freeport Kaolin Co.

Marshall, Presiding Justice.

This is a complaint by a landowner against, among other parties, the holder of a lease to mine kaolin and bauxite on the plaintiff’s property. The plaintiff’s property consists of approximately 100 acres and is located in Wilkinson County. The trial court granted the defendants a partial summary judgment. On appeal, the plaintiff has therefore become the appellant, and the defendants are the appellees. For reasons which follow, we affirm in part and reverse in part.

I. Statement of the Relevant Facts

The subject mineral lease was originally executed in 1947 for a…