In Re Barlow v. Security Trust & Savings Bank

HOUSER, J., pro tem.

The facts herein are in dispute. It appears that certain lands were granted to one Charles Henry Barlow, from which were reserved to the grantor and excepted from the grant all minerals and rights in relation thereto, including “all oil, petroleum, asphaltum and like substances, and the right to mine, dig or bore for the same, and also all convenient rights of way and of storage over and within the surface of said lands.” Such property rights as were thus reserved by the grantor were subsequently conveyed to the Security Trust & Savings Bank.

Under the provisions of the…