W.S. Newell, Inc. v. Randall

Appellee, Bessie Randall, conveyed certain real property by deed in 1951 and reserved therein "an undivided one-half of the usual one-eighth royalty interest in and to any and all gas, oil, sulphur, clay, gravel or other minerals from said land." Through a series of mesne conveyances appellant, W.S. Newell, Inc., became the owner of the land in question. Appellant, a corporation engaged in road construction, removed 530,000 cubic yards of soil from the property for use as fill dirt in the construction of Interstate 10.

Appellee successfully brought suit against appellant for royalties reserved…