In re the Succession of Blake

LOTTINGER, Judge.

This is a suit for a declaratory judgment brought by the naked owners of mineral rights, the grandchildren of Adella Blake Perkins, to determine their rights and those of the usufructuary of the mineral rights, Ethel Mae Perkins, the daughter of Adella Blake Perkins.

Plaintiffs-appellants contend the trial judge erred:

1. in not holding that a mineral right was a real right in land and a part of the land itself, prior to the Mineral Code;

2. in holding that the usufruct of a mineral right, prior to the amendment of the Mineral Code, was an imperfect usufruct, where the minerals…