State v. Estep

Hatcher, Judge :

This is a proceeding of the school commissioner to have certain tracts of land sold as forfeited to the state. One of the tracts embraces the mineral of a five-acre parcel. Burning Creek Marrowbone Land Company (hereinafter called Land Company) and Griver-Pfarr & Company (hereinafter referred to as Griver) are rival claimants of that mineral. The circuit court found in favor of Griver.

The Land Company is the grantee under two chains of title. The first emanated from James Evans (Sr.), who owned the tract in 1889. In that year, Evans and wife granted to Samuel Ferguson a tract…