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.. <br /> <br />212 <br />Morrison v. Socolofsky <br />No. 78-464 <br />[43 Colo. App. ~' Apr. ' ; <br />/)~ <br />Lewis F. Morrison and Rena P. M11orrison v. <br />Emanuel Socolofsky and Katherine Socolofsky <br />(600 P.2d 121) <br />Decided September 6, 1979. <br />i <br />Defendants appealed from a declaratory judgment that language in a <br />warranty deed reserving "oil, gas, and other minerals" did not operate to <br />reserve gravel on the properly. <br />AJjirmed <br />, <br />P <br />±' 1 <br />l <br />I' <br />!, <br />MINES AND MINERALS - "Miners!" - Particular Substance lnrluded - ~ <br />Determination - Meaning Attributed - Mining World - Commercial <br />L4'orld - Lando~•ners. To determine whether, as a matter of law, a particular , <br />substance is a "mineral", as that term is used in a reservation clause of a deed. <br />the court must determine the meaning of the Icrm in the vernacular of the mining , <br />world, the commercial world, and the 4andowners at the time of the grant, and <br />whether the particular substance was so regarded as a mineral. <br />2. Grolagica! Survey Mops -Result of Tes! Drilling - Properly Considered <br />- Grave! -Nut Within Meaning - "Alineral" - Correct Derermination. <br />In determining whether clause of deed reserving rights to "other minerals" in- <br />cluded gravel on the property, it was proper for the trial court to considu maps <br />prepared by the Colorado Geological Survey and the results of test hole drilling <br />undertaken in 1975 on plainlifl's property, and as such evidence disclosed the <br />presence of gravel underlying the topsoil of the entire parcel of land, the removal <br />of which would destroy the surfatt and, consequently, the agricuhural usefulness <br />of the property, the court correctly ruled that at the time of the reservation, the <br />term "miners l" did not include ravel. <br />Appeal from the District Court ojLatimer County, <br />honorable J. Robert Miller, Judge. <br />~~ <br />Kochenburger & Smith, John E. Kochenburger, Darryl l.. <br />Farrington, for plaintiffs-appellees. <br />Beatty & Hale, James D. Beatty, Raymond S. Hale, for defendants- <br />appellants. <br />