Lambert v. Pritchett

CULLEN, Commissioner.

The action is for a declaration of rights-as to the ownership of the oil and gas under a tract of land in Henderson County, containing approximately 52.47 acres. The lower court held that an exception or reservation in a certain deed, that “no coal or mining rights are hereby conveyed,” did not reserve to the grantor the oil and gas. The appeal questions that ruling.

The reservation was contained in a deed executed in 1914. The existing controversy is between the heirs of the grantor in that deed, and subsequent purchasers from the grantee.

The law in this state is well…