Morgan v. Georgia Vitrified Brick & Clay Co.

Beasley, Judge.

The plaintiffs Morgan and Gibson sued for damages arising from the defendant’s mining of certain real property. They appeal dismissal of their complaint for failure to state a claim, OCGA § 9-11-12 (b) (6).

The pleadings establish that T. L. Morgan and Gibson owned approximately 1.49 acres of land in Richmond County concerning which a 1943 federal court order awarded to defendant company the rights to “take all deposits of kaolin, shale and other underlying minerals,” to “explore and exploit such deposits,” and to “use the surface . . . for that purpose together with the right…