Reed v. Wylie

GREENHILL, Chief Justice.

A conveyance of the land in question reserved an interest in oil, gas and other minerals. The first question is whether that reservation included an interest in lignite. Upon the first appeal of this case, the record contained no facts as to the depth of the lignite. The cause was remanded for a new trial to ascertain those facts. 554 S.W.2d 169. We now have them. Our holding is that the trial court correctly held that as a matter of law, lignite was “at the surface” of the land, was part of the surface estate, and was not reserved by the grantor as “oil, gas and…