The Birmingham age-herald., 1912-01-04
ENSLEY PARK SITE QUESTION UP AGAIN Commission Insists on Fee
 Simple Title IS HARD TO PROCURE Percy & Bradley Point Out That in Practically All Ensley Prop
 perty Only Surface Rights
 Are Owned
IS HARD TO PROCURE

The status of the Ensey park recently purchased, was before the commission yesterday afternoon. The matter was fi- nally passed over until the officials could see whether a fee simple deed could be secured to the land which is earnestly desired by the city officials. In the mean time Captain Romaine Boyd city attor-- ney will confer with the attorneys rep resenting the sellers to see what shall be done.
 Walker Percy, president of the Ensley Land company, one of the sellers, appear ed as did Lee c. Bradley, president of the other company The two companies merged their holdings which were con sidered desirable, and offered them to the city and the property was accepted.
 MT. Percy explained that no land at Ensley was fee simple, that all of the minerals were reserved by the Tennessee Coal, Iron and Railroad company, ana that it would cost considerable sum or money to get the minerals strengthened out and a. fee simple deed executed to the city of Birmingham. He said that united SldleS III iClClChSO eC eAh0 postoffice site, condemned the mineral under the government property and that was about the only way to get that propo- sition through.
 He subsequently said that he would un- dertake to get the minerals by paying sum of money to the holders of the mort gages heretofore executed by the Tennes- see company. He indicated, however, that the city would have to pay 1 per cent at least for that addition to the sale In reference to the lands sold by the company represented by MT. Bradley, MT. Percy made it rather plain that MT. Bradley would have to take care of his own interests in that respect. The land sold to the city by Mir Bradley was bought from the Ensley Land company the other participating owner, which bought the land from the Tennessee com pany. The first owner of the trio re- serves the mineral rights to all lands
 Weatherly States Case
 The question was discussed from every angle and finally Commissioner Weath- erlv indicated his position by saying:
 
 getting us a fee simple deed to that park property. That is what we want Judge Lane also indicated that he would 1aVor calling off the trade unless thSpropositon were placed in much better shape from deed standpoint than 1t is now.
 MT Percy in explaining his position siad that every house in the business section of Ensley was built upon laha of surface rights only. He said here tofore no difference had been made III that connection. He nude 1t plain that the Tennessee company would never sink aey mines under the park or "-s- turb the surface in any manner what ever. He said that 1t would De matter of extreme peril for the com many to mine under Ensley at any. noint in view of the existing conol- ton. MT. Bradley at that point said as a matter of fact there was no mineral under Ensley so far as anyone knew. He added that all land sales there for many years back had been without mineral rights.
 Exum's Position
 President Culpepper Exum, in talk ing of the proposition, said that when he was first informed that the land was for surface rights only he was very much surprised and that he want ed the exact data upon 1t at once. He added, however, that the explana- ton of MT. Percy was of such char acter as to cause him to look with greater favor upon the proposition now than heretofore.
 "In view of the fact that all the fine buildings at Ensley are erected under the same conditions, I am in- clined to believe that such should be taken into consideration" sadi MT. Exum
 There may be some plan arranged whereby the city will secure warranty deed to the land or some instrument protecting the city In all its rights there. However, unless some very strong proposition is put up to them it is believed the commission viii annul the contemplated purchase.
 Mr. Percy, 1t is believed, will be able to get his pars of the lana straightened out. As to MT. Bradley, he confessed yesterday that he needed