Gulf Refining Co. v. Stanford

Roberds, J.,

delivered a dissenting opinion.

In my opinion the clause “But in event of any mineral, oil or gas being found in the bounds of the land we are to share the profits equally” excepted from the deed and retained in the grantor one-half of the minerals, oil and gas in place. My reasons are these:

1. As stated in the majority opinion, it is settled in Mississippi that the surface and the minerals thereunder, including oil and gas, may be separately and concurrently owned. Moss v. Jourdan, 129 Miss. 598, 92 So. 689; Stern v. Great Southern Land Co., 148 Miss. 649, 114 So. 739; Stokely v.…