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if ~ ~. 29 Colo. . . ~ April, '54 ] FARRELL'U. SAYRE 373 ~t ~ J II of de- ' ~ acts on the part of Farrell in connection with the various ~~ Ise trial _ ~ transactions, especially in agreeing to pay one cent, and ii;i. n and to later two cents, royalty on the gravel as recognition of i~t;~ uemises ~ defendant Sayre's rights. i ;~~ riginally ~ We might conclude this opinion by saying that if the ~z; . ;~ contentions of defendant Sayre and the findings of the '•' ~;~ ,gel were trial court were to be upheld, it is tantamount to saying ,t •n clause, „~ that originally, by the Carleno deed, Sayre retained all ; ~ is to the '"'• , that he granted thereby; that the deed served no useful 1~~ ~t to the purpose; and the grantee received nothing. L : :and in- ] s [1] The trial court was led afield and away from the , ' i original grant by the side transactions that followed, and ' Some of without further discussion of the details of these trans- j`y it is ad- ,;~ actions, we believe that the ruling in the case of Wring =" ;eyed by •9' v. Foden, 86 A.L.R. 969, 979, is controlling here and ''~ vet The therein eve find the following appropriate language: 4 . ;i] t erm s. "The t~vo main principles to be gathered from these pro- ~ ~ . s ll seems =~ nouncements are, first, that the word 'minerals' when ; ;; ,I' land is ~ found in a reservation out of a grant of land means sub- ~ does not Y: stances exceptional in use, in value and in character ;; i:ir situa- ~ ~ ~ ~ and does not mean the ordinary soil of the district ' which if reserved would practically swallow up the ~~i of the y' grant ' • •; and secondly, that in deciding whether or c - 1 contain- F not in a particular case exceptional substances are 'min- ~ , ~ n general t erals' the true test is what that word means in the ver- ; ~' ffect that nacular of the mining world, the commercial world and ~ i ?' 4 I.~ut sand ~ landowners at the time of the grant, and whether the ' t the par- ~ particular substance was so regarded as a mineral ' ` • " `. ~ ne direct It is abundantly clear from the record in this case that ,~: ;ed that at at the time of making the Carleno deed, defendant - `~ cno deed, Sayre, as grantor, had no intention of reserving to him- ~'•~ the sand self that which he had granted,'c~ame]y, the sand and ' ~~ gravel surface of the land. ,Icring the [Z] It is our determination from the record in this e of malc_ eE case that the rights of all parties involved are distinctly '!7;~ ~rtain acts fixed by the original deed and the reservation therein. i!6 :y to that :i , It follows that the judgment of the ti•ia] court is Peversed s.' twin other y and the cause remanded with directions to enter such . ,; ;~. ,~