Bodcaw Lumber Company v. Goode

254 S.W. 345 (1923)

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Nature of the Case

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Facts

D, a corporation, formerly owned the land in fee simple, and in the year 1912 it conveyed the land to P by warranty deed but the granting clause contained a reservation (or exception) of the oil, gas, and other mineral rights. It stated: 'Reserving to the grantor, its successors and assigns, all of the gas, oil and minerals and mineral rights in and under said land. with the right to prospect for and exploit the same, and use sufficient surface therefor, and the right to lay, maintain, and operate pipelines for oil and gas; and the right to erect, maintain, and operate telephone and telegraph lines, with the right reserved to remove any building, machinery, pipelines or other property erected or placed on said land in connection therewith; and reserving to the said grantor, its successors and assigns a right-of-way for railroad or tramroad not exceeding one hundred feet in width across said land, if same shall be necessary for, or desired by it, its successors or assigns, such pipelines for oil and gas and such telephone and telegraph lines and such right-of-way, however, not to infringe upon or interfere with any improvements upon said land without payment of a reasonable amount for damages caused thereby.' P instituted this action in the chancery court to cancel the reservation clause in the deed, and to quiet his title. P alleged that D had not explored this tract of land for oil, gas, or other minerals, nor any other land in that county and that D had not paid any taxes on the mineral rights in the land. P also pleaded the statute of limitations in bar of the right of D to assert any mineral rights in the land and also pleaded in his complaint that D was barred by laches in not proceeding more expeditiously to explore the land for minerals. The court rendered a final decree in favor of P, canceling the reservation clause in the deed, and quieting P's title against any claim of D to mineral rights. D appealed.