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Knox v. Wilson

Appellants lost their mineral right through nonuse, plus nonpayment of taxes.

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This appeal concerns a tract of land held by the heirs of Emma Thomson; that tract has been subject to a one-half interest in the mineral rights in the land, now claimed by the heirs of L. G. Hardman, Jr. The Thomson heirs sought to extinguish the outstanding mineral interest under OCGA § 44-5-168,1 and the Hardman heirs appeal from the trial court’s order on summary judgment extinguishing the one-half mineral interest. In 1922, the tract of land at issue was conveyed to L.G. Hardman, Sr., with the grantor reserving a one-half interest in the mineral rights. In 1939, Hardman’s son, L. G. Hardman, Jr., secured for himself the outstanding one-half mineral interest that had been reserved in 1922. In 1970, the Superior Court of White County construed various deeds and partitioned various real property held by members of the Hardman family, declaring, inter alia, that the tract at issue was the fee simple property of Emma Thomson, with the exception of the one-half interest in the mineral rights, which still belonged to L.G. Hardman, Jr., her brother.

L. G. Hardman, Jr. died in 1978; Emma Thomson died in 2007. In 2008, Caroline T. Wilson and James C. Thomson, Jr., individually and as personal representatives of the estate of Emma Thomson collectively “Wilson”, brought this action against the heirs of L. G. Hardman, Jr., and all other persons claiming an interest in the mineral rights, seeking a declaration that the one-half mineral interest held by L. G. Hardman, Jr., under the 1970 court order, had reverted to Emma Thomson by operation of OCGA § 44-5-168. Shell Hardman Knox and other heirs of L. G. Hardman, Jr. collectively “Knox” answered, and contended that OCGA § 44-5-168 did not apply. The trial court granted Wilson’s motion for summary judgment.

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