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HART v. CRAIG

No. DA 08-0402.

216 P.3d 197 (2009)

2009 MT 283

352 Mont. 209

Thomas E. HART, Jr. and Kimberly R. Hart, Plaintiffs and Appellants, v. Jay CRAIG and Twila Craig, Defendants and Appellees.

Supreme Court of Montana.

Decided August 25, 2009.

Attorney(s) appearing for the Case

For Appellants: Mark L. Carman, Carman Law Office, PC, Billings, Montana.

For Appellees: Daniela E. Pavuk and Bruce F. Fain, Crowley Fleck, PLLP, Billings, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 In 1988, members of the Craig family purchased the property in question from members of the Hart family. The deed conveying the property contained the following reservation:

EXCEPTING and RESERVING, however, unto the Sellers/Grantors and their heirs and assigns forever, all of the coal, oil, gas, metals and other minerals and mineral rights, whether metallic or non-metallic, lying in, under...

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