Little v. Carter

STEWART, Judge.

This appeal is from a judgment of the Morgan Circuit Court which declared limestone is not a mineral, within the meaning of a reservation contained in a series of deeds, beginning with a conveyance of 450 acres on March 5, 1925, from Mitchell Brewer and Lizzie Brewer, his wife, to Jerry Brewer.

The deed to Jerry Brewer was executed and delivered subject to a reservation of ¾6 of the oil and gas, ½ of the fire clay, “and a % interest in all other minerals on the land conveyed.” Mary Brewer Little, the daughter of Mitchell Brewer and Lizzie Brewer, both of whom are deceased,…