Aрpellees, complainants in the Chancery Court of Clarke County, are International Paper Company (International) and The Long-Bell Petroleum Company, Inc. (Long-Bell). Thе suit was brought against appellants, E. G. and F. L. Moffett, to cancel their claims upon certain lands as clouds on title. Defendants asserted title by adverse possession, and filed а cross bill to confirm it as to about 600 acres of the entire tract. International and Long-Bell owned the record title to the surface and minerals, respectively.
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After a lengthy hearing, the chancery court held that appellants failed to sustain their burden of рroof to establish title by adverse possession. They had not occupied the land tо the exclusion of all others and uninterruptedly during any ten-year period of time. Miss. Code 1942, Rec., Sec. 711. With these conclusions, the trial court entered a decree confirming complainants ’ record title to the property and canceling any clouds asserted to it by defendants and cross-complainants, appellants here. No purpose would be served in an outline of the large amount of evidence. Suffice it to say thаt we have carefully examined the record, and the evidence amply supports the findings and decision of the trial court. Grantham v. Masonite Corp.,
The minerals were severed from the surface of the land, in 1932, considerably before appellants even claimed to have exercised adverse possession over the surface. Subsequently the minerals vested in Long-Bell. Adverse possession of the surface does not constitutе adverse possession of previously severed minerals, in the absence of aсtive production and appropriation for the statutory ten-year period. Cook v. Farley,
Long-Bell Lumber Company, a Missouri corporation, merged in 1956 with International Pаper Company. Appellants argue that the corporate charter of Long-Bell Lumber Company expired in 1934 and was not validly extended, relying on State v. Holekamp Lbr. Cо.,
Moreover, appellants cannot collaterаlly attack the legality of the existence of this company, or the validity of the merger or consolidation with International, even if there were any merit in their contention, whiсh there is not. 13 Am. Jur., Corporations, Sec. 60. The objection that there has not been’-a-valid merger or consolidation is one which can be made only by the state in direct prоceedings. Collateral attack is not permissible. Ibid., Sec. 1189; 19 C. J. S.;'Corporations, Sec. 1610; see also Middleton v. Georgetown Mercantile Co.,
Pursuant to the merger, Long-Bell Lumber Comрany executed to International in 1956 a-“confirmatory deed”. It conveyed to Internаtional all right and title owned by the grantor in lands, timber, minerals, “and all other property and rights, rеal, personal or mixed, situated in the State of Mississippi, . . .”. The grantor owned thousands of аcres in Mississippi. Appellants assert this conveyance is invalid because it contains an inadequate description. However, a conveyance of all of the рroperty of the grantor in a certain state is sufficient to pass the grantor’s title to real estate in that state, without a particular description. It can be made cеrtain. 16 Am. Jur., Deeds, Sec. 272; 26 C. J. S., Deeds, Sec. 30, p. 649; 6 Thompson, Real Property (Perm. Ed. 1940), Sec. 3291; Anno. 55 A. L. R., 162, 166 (1928); Ewing, Miss. Land Descriptions, 18 Miss. L. J. 381, 383-384 (1947); Harmon v. James, 7 S. & M. 111, 118,
Affirmed.
ON MOTION TO STRIKE PROM RECORD UNNECESSARY DOCUMENTS
Appellants have made a motion to strike from the record a number of subpoenas for witnesses, a motion for subpoena duces tecum, and a lis pendens notice. This motion is sustained, except as to the order on pagе 86 of the record. All of these instruments are wholly unnecessary for a consideration of this case. They should not have been included in the record. Carroll Notion Co. v. Neville,
Motion to strike from record certain unnecessary documents sustained.