Reed v. Wylie

Dissenting Opinion of May 25, 1977.

I concur in the holding of the Court that lignite and coal were not included in the terms of the reservation of a portion of “all oil, gas and other minerals on and under the land” in question, but for additional and different reasons. First, I would apply the rule in Acker v. Guinn, 464 S.W.2d 348, (Tex.1971), to the near-surface coal and lignite which form a part of the surface. I would not extend it, however, to require factual or legal findings as to whether the substance must be mined only by surf ace-depleting processes.1

At the outset it should be…