Rickelton v. Universal Constructors, Inc.

McMANUS, Chief Justice,

respectfully dissenting.

The background of this case is related in the majority opinion. There is only one issue to be determined; are sand and gravel minerals as contemplated under the grant- or’s mineral reservation in the conveying patent?

In construing a written instrument, it is the function of the judicial process to reach the sense of the words used; giving effect to the ordinary meaning of the language within the four corners of the instrument.1

The language of the mineral reservation is clear from a reading of the pertinent part of the whole instrument conveying…