Plainsman Trading Co. v. Crews

CHAPA, Chief Justice.

This is an appeal from a trial court’s determination of the ownership of uranium underlying a certain tract of land in Duval County. The issues before this court are:

1) whether the trial court erred in submitting a jury charge allegedly containing numerous errors; and,

2) whether the surface destruction test governs the ownership of royalties from minerals that attach to the surface estate.

FACTS

Appellees, Thomas and Dorothy Crews, own the surface and one-half of the minerals underlying a tract of land composed of nearly 2000 acres. They sought a declaratory judgment of…