Lough

This is an appeal by defendant and appellant Coal Oil, Inc., a California Corporation, hereafter referred to as “Coal Oil” from an order of the Los Angeles County Superior Court, granting a motion for summary adjudication of issues, on May 20, 1987, in favor of plaintiff and respondent Vinetta E. Lough, hereafter referred to as ’’Lough” and a judgment entered on November 23, 1987, in favor of Lough. Affirmed.

I.

Introduction

Lough purchased the property which is the subject of this lawsuit at a tax sale from the State of California in 1981. The original deed from the State of California indicates that the property acquired by Lough was “ex of mining rights.” The judgment of the superior court has, inter alia, resulted in an interpretation of the words “ex of mining rights” as referring specifically to the existing oil and gas lease of Coal Oil and not a general divesture of Lough’s rights to extract or lease for purposes of extraction, oil, gas and other subsurface substances. The superior court judgment further provides that the lease of Coal Oil has terminated by its own terms for failure of the property to yield production in paying quantities and that Lough was…