Robinson v. Speer

• Decision Date: 14 April 1966
• Docket Number: No. H--87,H--87
• Citation: 185 So.2d 730
• Parties: Melvin A. ROBINSON and Dorothy Robinson, his wife, and Daniel Melnick and Janice Melnick, his wife, Appellants, v. Eugene M. SPEER and Myrtle E. Speer, his wife, Appellees.
• Court: Florida District Court of Appeals

Page 730

185 So.2d 730

Melvin A. ROBINSON and Dorothy Robinson, his wife, and Daniel Melnick and Janice Melnick, his wife, Appellants, v. Eugene M. SPEER and Myrtle E. Speer, his wife, Appellees.

No. H--87.

District Court of Appeal of Florida, First District.

April 14, 1966.

Rehearing Denied May 19, 1966.

Dean F. Cochran, Mount Vernon, N.Y., and Parker Foster & Madigan, Tallahassee, for appellants.

Giles, Hedrick, & Robinson, Orlando, Andrews, Kurth, Campbell & Jones, Leon M. Payne and Selby W. Sullivan, Houston, Tex., for appellees.

JOHNSON, Judge.

This is an appeal from an order dismissing the complaint of plaintiff-appellant, without prejudice.

Plaintiffs sought partition by sale of mineral rights held in common with the appellees-defendants below in 1600 acres of land in Volusia County, Florida. The appellees owned 3200 acres of land and sold the same reserving 'an undivided one-half interest in the minerals' with the perpetual right of ingress and egress to mine etc. The appellants purchased about one-half of the 3200 acre tract, or 1600 acres, by deed which expressly provided that such conveyance was subject to the ownership of the mineral rights of Speers. We think the language contained in the reservation by Speer is controlling in this case and should be set out in full as follows:

'The grantors do not sell, but expressly reserve for themselves, their heirs, personal representatives and assigns, an undivided one-half (1/2) interest in and to all of the oil, gas, coal and other minerals and mineral rights, whether metallic or non-metallic, in and under the lands described herein, subject only to said lease recorded in Book 304, page 299, of the Public Records of Volusia County, Florida, with the perpetual right of ingress and egress to and from said land for the purpose of drilling, exploring, mining and in every way operating for such minerals and removing the same, as well as the right of laying pipe lines and building tanks, towers, stations, and structures to produce, save, and take care of such minerals. In case that hereafter these grantors, their heirs, personal representatives or assigns, as owners of an undivided one-half (1/2) interest in said oil, gas, coal, minerals and mineral rights in the property above described, cannot agree with the owners of the other undivided one-half (1/2) interest in such oil, gas, coal, minerals, and mineral rights, as to the lease, mortgage, sale or disposition thereof, or any part thereof,...