Has Ejusdem Generis as Applied to Mineral Deeds Been Accepted in Texas
Date
1970
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
Looks to the effect of Guinn v. Acker, a Texas Court of Civil Appeals for Tyler case. The decision applied the interpretation aid of the rule of ejusdem generis, which dictated that when there is a list of particular things followed by general words, the general shall be construed in light of the specific, to a mineral deed. The deed, which read “oil, gas and other minerals,” was interpreted such that “other minerals” meant minerals that were, like oil and gas, underground. This would then be interpreted to excluded iron and iron ore at the surface, regardless of the scientific or technical meaning of “minerals.”
Description
Keywords
Ejusdem generis, Mineral deed, Mineral rights, Surface rights, Iron, Guinn v. Acker, Case note
Citation
2 Tex. Tech L. Rev. 164