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<br />~1~ 36$ FARRELL v. SAYRE ~ 129 COIo. <br />(1 <br />1~' MR. JUSTICE ALTER and MR. JUSTICE MooAE COUCUf ID <br />''t the result. <br />I'l~ Mfl. CHIEF JUSTICE STONE not part] Clpatmg. <br />,,:~ <br />~ ~ No. 17,170. <br />FARRELL 'U. SAYRE ET AL. <br />(Yi0 P. 12d1 190) <br />Decided May 3, 1954. Rehearing denied Tlay 17, 1954. <br />An action for a declaratory judgment adjudicating the <br />rights of the parties in and to certain real property upon <br />which were amounts of sand and gravel. T}]e trial court <br />held, inter alia, "That the sand and gravel were minerals <br />within the meaning of the reservation clause" in a deed <br />to the property. <br />Reversed. <br />{^ ]. \\'nans AND PRRases-Afinrrale. "The word 'minerals when <br />~' found in a reservation out of a grant of land means substances <br />1~ <br />~ exceptional in use, in value end in character • • and does nol <br />a <br />3 mean the ordinary soil of the district vehich if reserved would <br />a <br />~ practically swallow up the grant • • • that in deciding whether <br />~~ or not in s, particular case substances are 'minerals' the true <br />s <br />1 test is what that word means in the vernocular of the mining <br />~; world, the commercial world and land landowners at the time <br />• of the grant, end whether the particular substance was so re- <br />i ~: garded as a mineral." <br />r_!,•~ <br />~'•' 2. DeeDS-Righte of Pari us. In an action for a declaratory judg- <br />-• ment adjudicating the rights of the parties in end to certain <br />~ : real property upon which was located amounts of sand and <br /> gravel, it is held, "that the rights of all parties in~mlved art <br />` distinctly fixed by the original deed and the resen~ation there- <br />. in." <br />fl ~ <br />Error to the DIStrict Court of the City arld County of <br />~~' Denver, Hon, Edward C. Dny, Judge. <br />~t <br />'t` <br />.i <br />~~ r°~~~ 11 ~ ~ ~ ~ 1111 i irl rl" ~ A' ~ IMP ' ' I~~~ 'll6 II ~n nip <br /> <br />