Miller Land & Mineral Co. v. State Highway Commission

MACY, Justice.

This is an appeal from a summary judgment granting appellees Robert L. Mitchell and Jane G. Mitchell title to the gravel in, on, or under the surface of their lands on the basis of the finding that gravel is not a mineral.

We affirm.

Appellant Miller Land & Mineral Company raises the following issues:

“A. Whether the District Court erred in holding that gravel was not included in the mineral reservation in the deed which is the subject of this action, which states:

‘Reserving unto Grantor, all mineral[s] and mineral rights existing under said above lands and premises or appurtenant…