Smith v. Moore

Since early in the 1900’s coal has been removed by the underground mining method from Baldwin Mine located on certain property in Gunnison County. In 1946, L. D. Hardin severed the surface and mineral estates in certain of his property which included the Baldwin Mine and conveyed the surface rights to Otis Moore. The deed to Moore reserved to the grantor the mineral estate together with:

“ . . . the right to ingress and egress upon said land for the purpose of mining said coal, oil, gas and other min erais, together with enough of the surface of the same as may be necessary and reasonable for…