Downey v. North Alabama Mineral Development Co.

The single issue before the Court on this appeal is whether the trial court erred in finding that the appellants failed to establish their claim of title to the minerals in question without actual possession of the minerals. We affirm the trial court's ruling.

The appellants in this case, plaintiffs below, are all heirs of Mrs. C.J. Downey. On May 20, 1961, Mrs. Downey purchased at a tax sale the severed mineral rights to 82 acres of land in Jackson County, Alabama. Following the tax sale and each year thereafter to the present, Mrs. Downey and her successors in title assessed and paid the…