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BIRDIE HALL NEIL, ET AL. v. GLENDA FOWLER JONES

AUGUST 27, 1986

BIRDIE HALL NEIL, ET AL.
v.
GLENDA FOWLER JONES



ROY NOBLE LEE, P.J., ROBERTSON and ANDERSON, JJ.

ROY NOBLE LEE, PRESIDING JUSTICE, FOR THE COURT:

Birdie Hall Neil, et al., appeal from a judgment of the Chancery Court, Monroe County, Mississippi, reforming certain purported mineral conveyances and confirming title in Glenda Fowler Jones to an undivided one-half (1/2) of minerals in the lands involved, and cancelling the claims asserted by Birdie Hall Neil and the other complainants as clouds on the title of Glenda Fowler Jones. Birdie Hall Neil, et al., have appealed to this Court. We address the following assignments of error in the trial below:

I. DID THE LOWER COURT ERR IN FINDING THAT THE PURPORTED CONVEYANCES WERE DEEDS AND NOT LEASES?

 II. DID THE LOWER COURT ERR IN REFORMING VAGUE AND INDEFINITE DESCRIPTIONS?

 The appellee is an adult, resident citizen of Houston, Texas, and is the only child and sole heir-at-law of Allene H. Fowler, who died intestate September 20, 1967, and Walker Fowler, who died intestate December 10, 1970. The individual appellants constitute all the living heirs-at-law of Frank Hall, Annie Hall, Davie Hall and Lennie Hall, all of whom were adult, resident citizens of Monroe County, Mississippi, at the times of their respective deaths.

 During the 1930's and in 1941, Walker Fowler, appellee's father, lived in Aberdeen, Mississippi, where he was a cotton buyer. In addition to buying cotton, Walker Fowler purchased oil, gas and mineral interests in Monroe and Calhoun Counties, Mississippi. Walker Fowler took title to the mineral conveyances in Allene H. Fowler, appellee's mother, as grantee in said conveyances. An undivided one-half (1/2) interest in oil, gas and minerals in three (3) tracts of land located in Monroe County are involved in this suit. They follow:

 (1) On January 4, 1941, Davie Hall and Lennie Hall, husband and wife, conveyed unto Allene H. Fowler an undivided one-half (1/2) interest in and to all oil, gas and other minerals, in, under and on the land in Monroe County, Mississippi, described as:

 30 acres SW-1/4 NW 1/4, 36-15-18

 21 acres SE-1/4 SW 1/4, 25-15-18

 This instrument is recorded in Deed Book L-13 at page 435 of the land records of Monroe County.

 (2) On January 4, 1941, Frank Hall conveyed to Allene H. Fowler an undivided one-half (1/2) interest in and to the oil, gas and other minerals in, under and on the land in Monroe County, described as:

 20 acres NE-1/4 NW-1/4, Sec. 36, T. 15, R.8

 14-1/2 acres NE-1/4, NW-1/4, Sec. 25, T.15, R. 8 and containing 34-1/2 acres more or less.

 This instrument is recorded in Deed Book L-13, at page 436 of the land ...


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