Day v. Gibraltar Oil Corp.

Dissenting from a conclusion in which eight of my brethren concurred must be thought to require a great deal of temerari-ousness, and it does. In doing so I do not question the validity of the learned dissertation on oil and gas law contained in the majority opinion. My misgivings are addressed solely to the efficacy of the attempted exception contained in the deed given by Day’s predecessor in title to exclude a one-half royalty interest in the minerals from the grant.

Mississippi Code Annotated section 89-1— 39 (1972) is as follows:

A conveyance of quitclaim and release shall be sufficient to…