Moser v. United States Steel Corp.
Supreme Court of Texas
676 S.W.2d 99 (Tex. 1984)
The Gefferts (defendants) conveyed the surface rights of a 6.77-acre tract to the Mosers (plaintiffs), reserving all 'oil, gas, and other minerals of every kind and character'; substantial uranium was later discovered on the land, prompting the Mosers to sue to quiet title, claiming ownership of the uranium based on its near-surface proximity, while the Gefferts counterclaimed it was theirs as an 'other mineral.' The trial court and Texas Court of Civil Appeals both ruled for the Gefferts, applying a test from prior case law analyzing how much surface destruction extraction would cause, and the Mosers appealed.
Whether a severance of minerals in an 'oil, gas and other minerals' clause includes all substances within the ordinary and natural meaning of mineral, whether their presence or value is known at the time of severance.