Keller v. Ely

The opinion of the court was delivered by

Price, J.:

This action was brought in order to obtain a judicial construction of a “mineral” reservation contained in a deed to a 320-acre tract of land in Rarber county.

The specific question presented is whether the reservation in question includes gypsum.

The trial court held that it does not, and the appeal is from that ruling.

The facts are not in dispute.

On March 8, 1917, defendant, James E. Ely, acquired title to the tract of land in question. Shortly thereafter he executed a deed to one Lytle to an undivided one-half interest in the property.

On May…