In 1928, a landowner sells land, but "reservefd] to itself, its successors and assigns, the coal, oil, gas and any and all other minerals of any nature whatsoever which may be upon or under the above described parcel of land, and the right to mine or otherwise remove the [same] without liability for any damage to the surface rights . . .." In 2007, Terra Enterprises LLC ('Terra") acquires the mineral estate. The next year, Terra grants a mineral lease that purports to grant the lessee the right to mine "fieldstone" from the land. But after the lessee begins operations to mine sandstone, the landowners send a letter demanding that the lessee halt operations. The landowners later bring suit against the owner of the mineral estate, seeking a declaratory judgment that "sandstone and other rocks on or near the surface" are not "minerals" for purposes of the 1928 sales deed that created the mineral estate by reservation.
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