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Bodcaw Lumber Co. v. Goode

Arkansas Supreme Court

254 S.W. 345 (Ark. 1923)

Relevant factsFree

When conveying a parcel of land, the grantor reserved all oil, gas, and other minerals and mineral rights, along with the right to prospect and use enough surface to exploit them. Years later, the surface owner (plaintiff) sued to cancel that reservation and quiet title, arguing it amounted only to a mere servitude rather than a permanent property interest. The chancery court agreed and canceled the reservation, and the mineral-rights holder (defendant) appealed.

IssueFree

Whether oil and gas rights may be permanently severed from surface rights as an exception to a conveyance, with title to the minerals retained indefinitely.

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