Burress v. Woodward

OPINION

DROWOTA, Judge.

The issue in this case is whether T.C.A. § 28-2-110 bars the Plaintiffs’ action for damages and an injunction against Defendants’ mining activities on a tract of land to which Plaintiffs claim the mineral rights, due to Plaintiffs’ failure to pay taxes on the mineral portion of the property “for a period of more than twenty years.”

The Plaintiffs are the co-administrators of the estate of William A. Williams, who purchased the disputed property in fee simple absolute in 1926. In 1934 he conveyed the property to G.B. Williams but specifically retained the mineral rights.…