Legal Opinion

Lee v. Frank

North Dakota Supreme Court

Decided December 22, 1981No. Civ. 10035PublishedCited by 2 opinions

1Opinion of the Court

PEDERSON, Justice.

This appeal requires this court to determine what Theodore and Angela Wee meant when, on January 5, 1945, they signed a warranty deed which conveyed in fee simple an 80-acre parcel of land in Ward County to Matt J. Lee:

“. . . excepting and reserving, however, from these presents all ores and minerals beneath the surface of the above described premises, with the right to mine for and extract the same, provided that in the exercise of such mining right the surface thereof shall not be disturbed or interfered with and in nowise damaged

Successors to the rights of Matt J. Lee…

2Cases cited21 opinions

  1. Towne v. EisnerSupreme Court of the United States · 1918
  2. Metcalf v. Security International Insurance Co.North Dakota Supreme Court · 1978
  3. Amann v. FrederickNorth Dakota Supreme Court · 1977
  4. State ex rel. Rausch v. Amerada Petroleum Corp.North Dakota Supreme Court · 1951
  5. Stetson v. Blue Cross of North DakotaNorth Dakota Supreme Court · 1978

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3Cited by2 opinions

  1. Finstrom v. First State Bank of BuxtonNorth Dakota Supreme Court · 1994
  2. McCormick v. Union Pacific RailroadColorado Court of Appeals · 1998

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