Lucas v. Thompson, 240 Miss. 767

Summary

The Supreme Court of Mississippi held that the Thompsons could not reserve one-half of the mineral rights when their deed conveyed the land and warranted title, because they owned only one-half of the minerals and the deed was unambiguous. The court ruled that oral testimony regarding the grantor's understanding was inadmissible and reversed the decree awarding each party one-fourth of the mineral rights, entering judgment quieting and confirming Lucas's one-half mineral interest.

Holdings

1. It was error to admit Thompson's oral testimony because the deed was plain and unambiguous and contained no ambiguity requiring explanation.
2. The Thompsons could not convey and warrant the land while simultaneously reserving the same one-half mineral interest; their warranty obligation was superior to their reservation rights.
3. Lucas was entitled to have his one-half mineral interest quieted and confirmed because the Thompsons owned no mineral interest when the suit was filed.

Questions Presented

1. Whether oral testimony was admissible to explain or vary the unambiguous mineral reservation in the deed.
2. Whether the Thompsons could convey the land by warranty deed while reserving the same one-half mineral interest they attempted to convey or warrant.
3. Which party owned the one-half mineral interest after the Thompsons' conveyance to Lucas.

Disposition

reversed