Walker v. Fitzgerald

There is involved in this suit the validity of what purports to be sales of sand and gravel in, on and under tracts of land containing about eighty-six (86) acres in Grant Parish, Louisiana. These instruments are in reality leases of the land for the purpose of mining for and removing sand and gravel therefrom. These purported sales are attacked by the plaintiffs on the ground that they contain potestative conditions. Plaintiffs sue also to recover judgment for royalty alleged to be due them for sand mined and removed from the land amounting to $3,016. Judgment was awarded them on this phase…