In 1892 plaintiff's predecessor in title contracted to convey certain land to defendant, subject to a reservation of "all coal and mineral deposits in and upon said lands," and in 1896 he executed a deed to defendant containing the same reservation. Plaintiff, in 1947, filed a bill to quiet title to bauxite deposits on the land. Held, bill dismissed. Bauxite, not being generally regarded as a mineral at the time of conveyance, was not intended to be within the operation of the mineral reservation. Carson v. Missouri Pac. R. Co., 212 Ark. 963, 209 S.W. (2d) 97 (1948).
G. B. Myers,
REAL PROPERTY - GENERAL MINERAL RESERVATION IN DEED - LACK OF KNOWLEDGE THAT SUBSTANCE IS A MINERAL,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol47/iss8/28