Rudd v. Hayden’s Empirical Analysis

Citation profile

21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In seeking to determine what substances are included in a deed or lease of minerals, the ordinary rules of construction are applied, and the grant is construed most strongly against the grantor. McKinney’s Heirs v. Central Kentucky Natural Gas Co., 134 Ky. 239 , 120 S.W. 314 , 20 Ann.Cas. 934. All matter may be classed as animal, vegetable, or mineral, but the mere fact that a substance is inorganic does not bring it within the category of a mineral as that term is used in a deed or lease. Hudson & Collins v. McGuire, 188 Ky. 712 , 223 S.W. 1101 , 17 A.L.R. 148 . The question is, after all, purely one of intention, to be decided upon the language of the grant or reservation, unless the grant or reservation is so ambiguous as to leave the mind in doubt as to its proper construction, in which event extrinsic evidence may be resorted to as an aid in determining the true meaning of the instrument. The authorities agree that the word ‘minerals’ as used, in a deed, does not ordinarily include limestone. Campbell v. Tennessee Coal, Iron & R. Co., 150 Tenn. 423 , 265 S.W. 674 ; Brady v. Smith, 181 N.Y. 178 , 73 N.E. 963 , 106 Am.St.Rep. 531 , 2 Ann. Cas. 636; Beury v. Shelton, 151 Va. 28 , 144 S.E. 629, 632 .” (Emphasis added.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Little v. Carter · Florman v. MEBCO Ltd. Partnership

2. ““It is a -well-known fact, and known of course to the parties to the deed here involved, that the' section where this deed was to operate was a limestone country, where the land is everywhere underlain with limestone, and where it crops out on practically every tract of land that is not bottom land, and where it makes its appearance in manner varying from huge cliffs, as in the case here, to small outcroppings on various parts of the land. It is on the land everywhere, either breaking through it, or lying under it at different depths. In this country it is a part of the soil, and a conveyance that reserves the limestone with the right to remove it would reserve practically everything and grant nothing.””

   1 later decision quote this exact passage · from the majority
   e.g. Kalberer v. Grassham

3. ““All minerals, coal, clays, spars, oilgases and every other kind and character of mineral cement, oil, gases, &c not included in the above general description, in on and under the after described land, together with the exclusive right to mine same and a right of way across said premises and ingress and egress over said land, for the purpose of operating any mine or mines and privilege of using water in their operation and in fact the full mining right and privilege in and to the following described land, viz.””

   1 later decision quote this exact passage · from the majority
   e.g. Kalberer v. Grassham