Mueller v. Stangeland

ERICKSTAD, Chief Justice.

The issue in this appeal from a judgment in a quiet title action is whether or not a deed excepted or reserved a mineral interest in the grantor. The trial court concluded that the deed provision in question was an exception to the warranty and not a reservation of minerals. Judgment was entered in favor of the Stangelands. We affirm.

By warranty deed, Michael S. Kellar did “GRANT, BARGAIN, SELL AND CONVEY” unto Arnold K. Stangeland and Thomas M. Stangeland certain real property in 1944. The granting clause contained no language excepting or reserving any minerals. The…