McDonald v. Snyder Construction Co.

CROW, Chief Judge.

This appeal presents the question of who owned certain “minerals, gravel, stone and clays” removed from a parcel of real estate in Jasper County and used for “compaction fill” on a highway project. Each party traces its claim of ownership back to a common grantor, American Zinc, Lead and Smelting Company (“American Zinc”). The controversy arises from four deeds.

On September 1,1962, American Zinc, by a “Corporation Warranty Deed,” conveyed certain described land to William Pender-graft and Caroline Pendergraft, his wife. Included in the description were the 40 acres involved…