Wylie v. Reed

I respectfully dissent. I would reform and affirm the trial court’s summary judgment.

*190I agree with the majority in holding that the reservation in question does not, in the words of Acker v. Guinn, affirmatively and fairly express on its face an intention by the parties to include a substance that must be removed by methods that will, in effect, consume or deplete the surface estate.

In the case at bar, Plaintiff-Appellee Bette Reed, Trustee, has sued for a declaratory judgment, asking the court to tell her what rights Wylie reserved by the 1950 deed reservation, insofar as coal and lignite are…