McCormick v. Union Pacific Resources Co.
Colorado Supreme Court
14 P.3d 346 (2000)
The McCormicks (plaintiffs) owned deeds to five properties formerly owned by Union Pacific Resources Company (UPRC) (defendant), and the deeds reserved to the grantor "other minerals" located within or beneath the land. UPRC claimed this reservation covered the oil and gas beneath the property. The McCormicks sued to quiet title in the subsurface minerals. The trial court granted summary judgment for UPRC, finding the term unambiguous and inclusive of all valuable subsurface substances, and the court of appeals affirmed but limited the holding to oil and gas since that was all that was at issue.
Whether, under Colorado law, a deed reservation for "other minerals" underlying the land unambiguously includes oil and gas.