McCORMICK V. UNION PACIFIC RESOURCES COMPANY
14 P.3d 346 (2000)
NATURE OF THE CASE: McCormick (P) appealed a summary judgment for Union (D) in P's quit
title action over the interpretation of 'other minerals' in D deed reservations.
FACTS: P and D are successors in interest to deeds executed between 1906 and 1909
involving grants of D. The deed reservations for three of the properties reserved 'all coal
and other minerals within or underlying said lands.' Ps alleged in their amended complaint
that D 'improperly claimed the oil and gas in, under and associated with' these properties.
The deed reservations for the other two properties reserved 'all oil, coal and other
minerals within or underlying said lands.' Ps of these two properties alleged that D has
'improperly claimed the gas in, under and associated with' those properties. The court
granted D summary judgment and ruled that the term 'other minerals' is unambiguous and
includes all subsurface valuable substances. Ps appealed. On appeal, Ps argued that the
trial court erred in refusing to take extrinsic evidence. The court of appeals held that the
deed term 'other minerals' unambiguously includes oil and gas and restricted the scope of
the trial court's order to those substances. Ps appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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