Texaco, Inc. v. Melton

STEINFELD, Judge.

Appellant, Texaco, Inc., is the owner of the minerals under the surface of appellees Meltons’ 789 acre farm which was formerly a part of Camp Breckinridge in Webster *303County. Claiming that Texaco had damaged them in using their farm Meltons sued. Pursuant to a jury verdict, judgment was entered for $9,950.00. Texaco appeals. We reverse for a new trial.

Texaco acquired title to the minerals by a deed from the United States dated October 12, 1965, containing the following:

“Grantor does also grant to Grantee, its successors and assigns, the right to use any surface areas of the…