Vivian C. McCoy v. Harry E. Richards, Florence A. Richards, and Ashland Oil, Inc.

PELL, Senior Circuit Judge.

This case requires us to interpret the Indiana Dormant Mineral Interests Act, commonly known as the Mineral Lapse Act. Ind.Code §§ 32-5-11-1 through 32-5-11-8 (1976). Specifically, we must resolve whether a lease of a mineral interest qualifies as a “use” of that interest under the Act and whether the Act should apply to appellants. The district court resolved both questions in the negative and held that appellants’ interest had lapsed, thereby reverting to appellee.

I. The Facts

On August 14, 1942, appellants, Harry and Florence Richards, deeded to appellee and her…