(DOWNLOAD) "O''brien V. Village Land Co." by Colorado Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: O''brien V. Village Land Co.
• Author : Colorado Supreme Court
• Release Date : January 09, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

We granted certiorari to review the decision of the court of appeals in O'Brien v. Village Land Company, 780 P.2d 1 (Colo. App. 1988). The court of appeals, in construing an unambiguous deed which conveyed a fee simple interest in a sixty-acre parcel of land and reserved an undivided  one-half interest in oil, gas, and other minerals, held that it was proper to go beyond the four corners of the deed and to consider a fractional mineral interest reserved by the grantor's predecessor in title so as to reduce the fractional mineral interest conveyed by the deed in question. We reject this analysis and hold that where, as here, a deed is unambiguous on its face, the nature and extent of the interests conveyed by the deed must be determined from the contents of the deed itself without regard to extrinsic evidence. Application of this principle to the deed in question leads us to conclude that the deed conveyed a fee simple interest in a sixty-acre parcel and an undivided one-half interest in oil, gas, and other minerals underlying the sixty-acre parcel. We accordingly reverse the judgment of the court of appeals and remand the case to that court with directions to reinstate the judgment of the district court.

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