Goin v. Eater

The defendants, Edith Eater, Pauline Ellis, Irene Lynn and Thomas Morían, appeal from a final judgment of the circuit court of Hamilton County, which, pursuant to a complaint for declaratory relief, determined that the plaintiffs, John S. Goin, Shirley Goin, Marshall Hamilton and Virginia Hamilton, were the owners of the mineral interests in certain parcels of land. This appeal presents two issues for review. First, the defendants contend that the trial court erred in construing a deed containing the words “formerly reserved” to limit the exception of coal, oil, gas and other minerals to the…