Jensen v. Southwestern States Management Co.

Woleslagel, J.:

This suit was filed as one to quiet title to land owned by plaintiffs except for mineral rights to coal underlying the land. Defendant's owned the mineral rights through six mineral deeds, each over fifty-five years old. In five of the six mineral deeds there were clauses giving the grantee the right to use the surface also, upon payment of $70 or $75 per acre. The trial court held that the price for use of the surface was now inequitable and that should defendant exercise its option to take any surface, it must pay the reasonable value at the time of its use. Defendant…