Mccormick v. Union Pacific Resources Company

14 P.3d 346 (2000)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P and D are successors in interest to deeds executed between 1906 and 1909 involving grants of D. The deed reservations for three of the properties reserved 'all coal and other minerals within or underlying said lands.' Ps alleged in their amended complaint that D 'improperly claimed the oil and gas in, under and associated with' these properties. The deed reservations for the other two properties reserved 'all oil, coal and other minerals within or underlying said lands.' Ps of these two properties alleged that D has 'improperly claimed the gas in, under and associated with' those properties. The court granted D summary judgment and ruled that the term 'other minerals' is unambiguous and includes all subsurface valuable substances. Ps appealed. On appeal, Ps argued that the trial court erred in refusing to take extrinsic evidence. The court of appeals held that the deed term 'other minerals' unambiguously includes oil and gas and restricted the scope of the trial court's order to those substances. Ps appealed.