Allgood Farm LLC v. Johnson

Defendant did not have superior title in a case involving mineral rights to certain land because plaintiffs' mineral interests predated defendant's ownership of the land by nearly 100 years and defendant took title subject to plaintiffs' recorded interests.

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This is an appeal by defendant Allgood Farm, LLC “Allgood Farm” from the grant of summary judgment to plaintiffs Dennis Johnson, Grace Johnson, Tracy Johnson, and The New England Improvement Company in their petition for ejectment based on their claims of the mineral rights in land in Chattooga County owned by Allgood Farm. For the reasons which follow, we affirm.

The mineral rights at issue involve three and a half land lots, Nos. 129, 164, 165, and the western half of 128, in the 13th District and the 4th Section of Chattooga County. Plaintiffs petitioned for ejectment and asked for the issuance of a writ of possession, claiming all mineral interests1 in the specified land lots through a chain of title dating back to 1887, and that Allgood Farm had unlawfully excluded plaintiffs from gaining access to the land in order to exercise those mineral rights. Plaintiffs moved for summary judgment submitting in support an “abstract of title,” copies of deeds, their affidavits individually and as representatives of The New England Improvement Company, a typewritten transcript of one conveyance, tax records, and Allgood Farm’s deeds. Allgood Farm responded that the “oil rights complained about by plaintiffs” clearly were not conveyed to plaintiffs in their alleged chain of title, and that at a minimum, a disputed issue of material fact existed as to who owned the oil rights, or any mineral rights in the land lots at issue; Allgood Farm submitted copies of a 1998 limited warranty deed conveying to it real property in Land Lots 128, 164, and 1652 and of a 1999 warranty deed conveying to it the remaining land lot, 129. The superior court found no genuine issue of material fact with regard to plaintiffs’ ownership of the mineral rights in the land lots and granted summary judgment to the plaintiffs.

Allgood Farm LLC v. Johnson

Defendant did not have superior title in a case involving mineral rights to certain land because plaintiffs' mineral interests predated defendant's ownership of the land by nearly 100 years and defendant took title subject to plaintiffs' recorded interests.

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