Alabama Fuel & Iron Co. v. Broadhead

Where the owner of the entire estate in land conveys the surface, but retains the minerals — the grantee taking possession of the land, and occupying and using it as his own under the grant, and there being no physical severance of the minerals by any one — the possession of the minerals follows the possession of the surface, and the surface owner holds possession of the minerals for the benefit of the owner in that right. Moore v. Empire Land Co., 181 Ala. 344, 61 South. 940.

In such a ease the surface owner may be said to be a quasi bailee of the mineral owner (Christopher v. C. A. Lumber…