NEW MEXICO AND ARIZONA LAND COMPANY v. ELKINS

Civ. No. 3010.

137 F.Supp. 767 (1956)

NEW MEXICO AND ARIZONA LAND COMPANY, a corporation, and Tidewater Associated Oil Company, a corporation, Plaintiffs, v. Donald James ELKINS, Mary Catherine Elkins, Thomas Lawrence Elkins, Jr., Edith L. Elkins, Josephine Maude Elkins, Mildred Elkins Allen, Kindred Joseph Elkins, Hattie Belle Elkins, Jack Lee Elkins, Keith Lowell Elkins, Lynn Embert Elkins, David Phil Elkins, Frederick Vernon Elkins, Defendants.

United States District Court D. of New Mexico.

February 6, 1956.


Attorney(s) appearing for the Case

Simms & Modrall by J. R. Modrall, Geo. T. Harris, Jr., & Daniel A. Sisk, Albuquerque, N. M., for plaintiff New Mexico & Arizona Land Co.

Jones, Stiff & Briggs by Wm. C. Briggs, Albuquerque, N. M., for plaintiff Tidewater Associated Oil Co.

Robertson & Skinner by G. W. Robertson, Raton, N. M., Bart W. O'Hara, Charles A. Murdock, Denver, Colo., for defendant.


ROGERS, District Judge.

The question presented on the motion for a summary judgment filed by plaintiffs herein, is whether the clause "all oil, gas and minerals underlying or appurtenant to said lands", in a reservation contained in a deed to property conveyed by plaintiffs, and eventually purchased by defendants, includes and covers uranium, thorium and associated mineral bearing ores in and under all of the lands described in the deeds.

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