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.