Edmonson v. Colwell

Two cases were consolidated for trial. A summary judgment was entered for the plaintiffs in the case of Martha T. Kirkland, et al. v. G.I. Drury, et al. and was made final under Rule 54(b), Ala.R.Civ.P.; and a summary judgment was entered for the defendant in the case of Charles D. Edmonson v. Jerry F. Colwell, et al. The losing parties in each case appealed and the appeals were consolidated.

The following are all of the pertinent facts insofar as the issues raised by these appeals are concerned. Charles D. Edmonson acquired an undivided interest in certain minerals (title to which was severed…