Henderson v. Chesley

The opinion of the Court of Civil Appeals in this case, holding the mineral estate subject to .partition, is plainly correct. That court in its opinion, among other things, says:

“Since there has been no development or exploration for minerals in, on or under the land in question, we think that the court should assume for the purpose of partition that each acre of the land contains an equal amount of minerals, and partition by dividing the surface.”

This is no doubt one correct view of the question, but we wish to suggest that in partitioning minerals it is not necessary that the holdings of…