Johnson v. Potter

PALMORE, Judge.

The appellants, hereinafter called the Johnsons, leased a tract of land and right-of-way from Curtis Potter and wife, Corbie Potter, for the purpose of quarrying limestone. The term of the lease ran from 1949 to 1964 with a 10-year renewal option. In 1961, twelve years later, the appellees, whom we shall call the Richard Potter heirs,1 brought this suit to quiet their title to a 30-acre tract on which the Johnsons had constructed a haul road and installed substantial equipment. The Johnsons appeal from a judgment declaring title to be in the Richard Potter heirs but permitting…