Wetherbee v. Railroad Lands Co., Limited

• Decision Date: 04 June 1923
• Docket Number: 25768
• Citation: 97 So. 44,153 La. 1070
• Court: Louisiana Supreme Court
• Parties: WETHERBEE et al. v. RAILROAD LANDS CO., Limited

97 So. 44

153 La. 1070

WETHERBEE et al. v. RAILROAD LANDS CO., Limited

No. 25768

Supreme Court of Louisiana

June 4, 1923

Appeal from First Judicial District Court, Parish of Caddo; E. P Mills, Judge.

Action by Geo. W. Wetherbee and another against the Railroad Lands Company, Limited. From a judgment for plaintiffs, defendant appeals.

Affirmed.

Wise Randolph, Rendall & Freyer, of Shreveport, for appellant.

Blanchard Goldstein & Walker, of Shreveport, for appellees R. O. Roy and Hard Time Oil Co.

Thigpen, Herold & Lee and Gilmore & Cousin, all of Shreveport, for appellees George W. Wetherbee and another.

OPINION

DAWKINS, J.

Plaintiffs allege that they are the owners of the following described lands:

(A) The S.W. 1/4 of S.W. 1/4, the N. 1/2 of S.W. 1/4 and N.W. 1/4 of section 1 the N. E. 1/4 of N.W. 1/4 and N. E. 1/4 of section 11, township 18 north, range 11 west, the N. 1/2 of N. 1/2 of section 3, township 19 north, range 11 west, and all of section 25, and all of section 35, township 20 north, range 11 west.

(B) The S. 1/2 of N.W. 1/4 of section 11, township 18 north, range 11 west.

That petitioners had acquired said property September 17, 1910, by deed duly recorded and that their chain of title also appeared unbroken and of record back to and including certain acts of sale by the Vicksburg, Shreveport & Pacific Railroad Company to Allen Bros. & Wadly, dated and recorded in 1891 and 1892; that in said last-mentioned transfers there appeared the following reservation:

"It is distinctly agreed, as part and parcel of the terms of said sale of the lands above described, that the Vicksburg, Shreveport & Pacific Railroad Company reserves to itself, either for its own benefit or for sale to others, the exclusive right to the iron, coal and other minerals contained in or upon said lands with all necessary privileges of mining on the said land, and also the right of way for rail and tramways for mining purposes, through any portion of said lands herein conveyed.

That subsequently all property and rights of the said V. S. & P Railroad Company were conveyed at master's sale to the Vicksburg, Shreveport & Pacific Railway Company, and the latter, in turn, transferred the same to the defendant, Railroad Lands Company, Limited, and that, by virtue of said reservation, the defendant is claiming to own the minerals, including oil and gas, lying in and under said property. Petitioners further allege that said reservation did not include oil and gas, but only solid minerals; but in the alternative, if oil and gas were held to have been included, the said reservation, as to these,...