dissenting.
I must Dissent. The majority, in my opinion, has misapprehended the dispositive issue in this appeal. It is this: May the state claim the mineral interest when its title rests on a Sheriff’s Deed executed pursuant to the 1944 mortgage foreclosure — when the land in question WAS NOT MORTGAGED? The mortgage had been released and discharged of record in 1929.
I would affirm the trial court’s judgment in favor of these plaintiffs (appellees).