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Bodcaw Lumber Co. v. Goode

254 S.W. 345 (Ark. 1923)

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Bodcaw Lumber Co. v. Goode

Arkansas Supreme Court

254 S.W. 345 (Ark. 1923)

Facts

The defendant conveyed a parcel of land to the plaintiff, but reserved the mineral rights under the surface of the land. Specifically, the deed read: “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 therfor . . . .” Several years later, the plaintiff brought suit to cancel the reservation clause and quiet title, arguing that the reservation clause amounted to only a servitude. The chancery court found in favor of the plaintiff and ordered cancellation of the reservation clause. The defendant appealed.

Rule of Law

Issue

Holding and Reasoning (McCulloch, C.J.)

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