MORRISON v. SOCOLOFSKY

No. 78-464.

600 P.2d 121 (1979)

Lewis F. MORRISON and Rena P. Morrison, Plaintiffs-Appellees, v. Emanuel SOCOLOFSKY and Katherine Socolofsky, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

September 6, 1979.


Attorney(s) appearing for the Case

Kochenburger & Smith, John E. Kochenburger, Darryl L. Farrington, Fort Collins, for plaintiffs-appellees.

Beatty & Hale, James D. Beatty, Raymond S. Hale, Fort Collins, for defendants-appellants.


ENOCH, Chief Judge.

Defendants appeal from a declaratory judgment that language in a warranty deed reserving "oil, gas and other minerals" did not operate to reserve gravel on the property. We affirm.

In 1953, Fred C. Kluver deeded the farmland in question to defendants, reserving for himself a life estate consisting of the right to remove gravel for his own use. In 1954 defendants conveyed the land to intermediate purchasers, the Bakers, by warranty deed...

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