James F. Nelson, Jr. Family Ltd. Partnership v. Miller

Carley, Justice.

At issue in this case is a long-standing dispute over ownership of the mineral rights in a 269.5-acre tract located in Wilkinson County. The James F. Nelson, Jr. Family Limited Partnership (Nelson) is the present owner of record title to the tract, but, since 1986, Sidney Miller has been the owner of record title to the mineral rights therein. In 1975, Nelson’s predecessor in title brought a declaratory judgment action pursuant to the newly enacted OCGA § 44-5-168, seeking to establish title to the mineral rights in the tract. Under that statute, Miller’s predecessors in title…