Town of Citronelle v. Gulf Oil Corp.

Decision Date17 March 1960
Docket Number1 Div. 838
Citation119 So.2d 180,270 Ala. 378
PartiesTOWN OF CITRONELLE et al. v. GULF OIL CORP. et al.
CourtAlabama Supreme Court

Z. B. Skinner, Jr., Mobile, McFarland & McFarland, Bay Springs, Miss., and O. F. & J. O. Moss, Lucedale, Miss., for appellants.

Sam W. Pipes, III, Lyons, Pipes & Cook, Mobile, Douglas Arant, J. Robt. Fleenor, Charlotte Railey Kieffer, and White, Bradley, Arant, All & Rose, Birmingham, Vincent F. Kilborn, Graham Sullivan and Thornton & McGowin, Mobile, for appellees.

STAKELY, Justice.

This is an action for a declaratory judgment brought under the provisions of § 156 et seq., Title 7, Code of 1940, by the Town of Citronelle, a municipal corporation, and others as complainants against Gulf Oil Corporation, a corporation, and others as respondents.

The bill of complaint seeks a construction of a deed and a declaration that by virtue of the deed the appellants own in fee simple title to the land across which certain avenues, streets and alleys in the Town of Citronelle, Alabama, are situated. The bill also seeks a construction of a deed and a declaration that by virtue of the deed the appellants own in fee simple title to the oil, gas and other minerals in and under and produced from the land across which said avenues, streets and alleys are situated.

Demurrers to the bill of complaint were filed which assigned as grounds that it affirmatively appears that appellants do not own the fee simple title to the oil, gas and other minerals in, under and produced from the land across which such avenues, streets and alleys are situated. The Circuit Court of Mobile County, in Equity sitting, rendered a decree sustaining the demurrers to the aforesaid bill. It is from this decree that the appellants bring this appeal and assign as error the action of the court in sustaining the demurrers to the bill of complaint.

The bill in substance states the following. Prior to May 24, 1894, Margaret Ellen Henry Ruffin and her husband, Francis Gildart Ruffin, were the owners in fee simple of certain described land situated in Mobile County, Alabama, and subdivided this land as is shown by the Ruffin Plat, 'North End Addition' to Citronelle, Mobile County, Alabama.

Thereafter by warranty deed executed on May 24, 1894, the aforesaid owners conveyed Lot 1 in Block M as shown by the aforesaid Ruffin Plat to James Arthur Ebersol and by warranty deed executed on October 22, 1894, the aforesaid owners conveyed Lots 26, 27 and 28 in Block G, as shown by the aforesaid Ruffin Plat, to Mary Thesla O'Farrell and by warranty deed executed on October 22, 1894, the aforesaid owners conveyed Lot 1 in Block M, as shown by the aforesaid Ruffin Plat, to Christian Peterson.

Subsequent to the execution of the three warranty deeds hereinabove referred to Margaret Ellen Henry Ruffin and Francis Gildart Ruffin executed and delivered a deed on October 26, 1894, which purported to convey the avenues, streets and alleys shown on the aforesaid Ruffin Plat, to the Town of Citronelle, as is shown by a map filed herewith for record, which said map is known as the 'Ruffin Plat' of the North End Addition, Citronelle. This latter deed is the deed under which the appellants claim to own the fee simple title in the land across which the avenues, streets and alleys shown on the Ruffin Plat are situated.

It is alleged by the appellants that this deed conveyed 'to the Town of Citronelle in fee simple, inclusive of oil, gas and other minerals, all of the land comprising the avenues, streets and alleys of the aforesaid North End Addition * * *.' As a matter of fact the granting clause in the aforesaid deed conveyed '* * * to the above mentioned Town of Citronelle each, every and all of the above mentioned avenues, streets and alleys shown on the above mentioned plat [the Ruffin Plat], together with all the rights, privileges and appurtenances belonging thereto to have and to hold forever * * *'

On July 21, 1956, appellant, the Town of Citronelle, executed an instrument which purports to lease to Arthur E. Wood (appellant) a 7/8th working interest in the oil, gas and minerals in the land across which said avenues, streets and alleys are situated. On July 29, 1957, the aforesaid Arthur E. Wood assigned an undivided one-half interest in said instrument to R. T. McLaurin (appellant).

I. Ordinarily it is not appropriate to make construction of an instrument on a demurrer to a bill of complaint seeking a declaratory judgment. Alabama State Milk Control Board v. Graham, 250 Ala. 49, 33 So.2d 11. Ordinarily the court does not make such declarations unless counsel for both sides argue the case on the basis of the demurrer to the bill and a question of law is thereby raised and counsel are desirous that the court make such interpretation. This court will make a declaration of rights under such circumstances where the question is raised by demurrer. McCall v. Nettles, 251 Ala. 349, 37 So.2d 635; Darling Shop of Birmingham v. Nelson Realty Co., 255 Ala. 586, 52 So.2d 211; Blackwell v. Burketts, 251 Ala. 233, 36 So.2d 326. In other words, the parties join in the effort to have the deed construed on demurrer and we will accordingly proceed to treat the issue as so presented.

II. It appears to be agreed that a conveyance of lots with reference to a plat on which streets and ways are shown, constitutes a dedication of such streets and ways to the public and accordingly the conveyances of lots with reference to the Ruffin Plat constituted a dedication of the streets shown on the Plat. It appears to be also agreed that only an easement passed by virtue of the dedication of the avenues, streets and alleys shown on the Ruffin Plat. In effect as we understand the case, the only disagreement as to the dedication is its effect upon the right to alienate the fee in the land across which such avenues, streets and alleys are located. In Snead v. Tatum, 247 Ala. 442, 25 So.2d 162, 163, we considered the effect of a dedication upon the right to alienate the fee to the land across which a street is located and said:

'The fee in the land to the median line of the street or way is appurtenant to the attingent lots along the street and is not subject to alienation apart from such lots after the dedication has become complete * * *'.

In Lybrand v. Town of Pell City, 260 Ala. 534, 71 So.2d 797, substantially the same statement was made, citing as authority therefor Snead v. Tatum, supra.

However, the appellants contend and aver as a fact that the dedication of the streets shown on the Ruffin Plat did not limit or effect the right of the dedicators thereafter to alienate the fee to the land across which public streets were situated. As we understand the argument the appellants contend that the fee to the streets can be alienated apart from the abutting lots so long as such an alienation is not for a purpose inconsistent with street purposes. We believe that this overlooks the rationale for the rule that the fee to a street cannot be alienated apart from the...

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9 cases
  • Shelby Contracting Co. v. Pizitz
    • United States
    • Alabama Supreme Court
    • 12 Febrero 1970
    ...607; Snead v. Tatum, 247 Ala. 442, 25 So.2d 162; Lybrand v. Town of Pell City, 260 Ala. 534, 71 So.2d 797; Town of Citronelle v. Gulf Oil Corp., 270 Ala. 378, 119 So.2d 180. Respondents rely on the cases next discussed which hold that a mechanic or materialman is not entitled to a lien on a......
  • Schneider v. Mobile County
    • United States
    • Alabama Supreme Court
    • 12 Junio 1969
    ...view that under our holding in Rowell v. Gulf, M. & O.R. Co., 248 Ala. 463, 28 So.2d 209, which was approved in Town of Citronelle v. Gulf Oil Corp., 270 Ala. 378, 119 So.2d 180, the decree of the trial court is due to be In Rowell, supra, our decision rested on the construction to be place......
  • Standard Oil Co. v. Milner
    • United States
    • Alabama Supreme Court
    • 5 Abril 1962
    ...Mineral Railroad Company conveyed only a right-of-way easement and did not pass the absolute fee (see: Town of Citronelle v. Gulf Oil Corp., 270 Ala. 378, 381-382, 119 So.2d 180; Seaboard Airline Ry. v. Banks, 207 Ala. 194, 195, 92 So. 117; Alabama Great Southern R. Co. v. McWhorter, 202 Al......
  • Wilbur v. Campbell
    • United States
    • Alabama Supreme Court
    • 8 Diciembre 1966
    ...determine whether the trial court correctly construed the will. The applicable principle is thus stated in Town of Citronelle v. Gulf Oil Corp., 270 Ala. 378, 380, 119 So.2d 180, 181: 'Ordinarily it is not appropriate to make construction of an instrument on a demurrer to a bill of complain......
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