Hudgeons v. Tenneco Oil Co.

Opinion by

Judge MARQUEZ.

Plaintiffs, the Hudgeons, sought to quiet title to the ownership of carbon dioxide under their land. The trial court denied plaintiffs’ motion for summary judgment and granted summary judgment to defendants, Tenneco Oil Company, et al. Plaintiffs appeal, and we affirm.

The facts underlying this action are not in dispute. On October 21, 1939, John McLean conveyed, by a warranty deed, all of his interest in a certain parcel of real estate to one H.L. Bigler, “[ejxcept all oil, and gas rights which ... [McLean] reserve[d] to himself, his heirs or assigns.” Plaintiffs’…