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MILNER v. BIVENS

42611.

255 Ga. 49 (1985)

335 S.E.2d 288

MILNER et al. v. BIVENS.

Supreme Court of Georgia.

Decided October 17, 1985.

Attorney(s) appearing for the Case

Fortson, Bentley & Griffin, J. Edward Allen, Jr., Fudge & Barrett, Gerald W. Fudge, for appellants.

Bivens & Hoffman, L. Brown Bivens, Michael C. Fowler, for appellee.

MARSHALL, Presiding Justice.

Appellee-plaintiff, Bivens, is trustee of the residuary trust of Lynn C. Stephens. Stephens was successor-in-interest to R. L. and C. J. Smith, who were grantees in a 1910 conveyance by Annie E. Milner. Appellants-defendants, Milner and others, are successors-in-interest to the grantor Milner. The appellee filed this complaint seeking a declaratory judgment invalidating a reservation of mineral rights and an option to repurchase retained...

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