Lee v. Giauque

This is an action of slander of title. Plaintiffs hold certain lands which they acquired through mesne conveyances from defendant, who at the time had reserved to himself “all oil and gas and other valuable minerals that may be under the surface of said land, with the right to mine them,” etc.

Plaintiff claims that said reservation constituted only a servitude upon the land and did not create a separate corporeal estate in such oil, gas, and other minerals, and that same has been lost by nonuser for more than ten years.

I

In Frost-Johnson Lumber Co. v. Sailing’s Heirs, 150 La. 756, 91 South.…