Gibbs v. Smock

ON REHEARING

Before: Fitzgerald, P.J., and Hood and Cavanagh, JJ. Per Curiam.

Defendant-appellant Alger J. Smock, personal representative of the estate of Ida P. Smock, deceased, appeals as of right from a declaratory judgment in favor of plaintiffs in their action to determine the ownership of certain mineral interests. We affirm.

i

The parties are largely in agreement with regard to the complicated facts of this case. For purposes of this appeal, however, a brief recitation of the facts will suffice.

The mineral rights at issue were severed from the surface estate in 1935. The owner of the…