Norken Corp. v. McGahan , 1991 Alas. LEXIS 131 ( 1991 )

MATTHEWS, Justice,

with whom RABINOWITZ, Chief Justice, joins, concurring.

I concur in the result of the majority opinion, and in the reasoning. However, in proceeding from the conclusion that the deeds are ambiguous (Maj.Op. at 627), to a discussion of the extrinsic circumstances in order to determine what the deeds mean (Maj.Op. at 628-629 et seq.), the opinion digresses to examine the question whether gravel is a mineral. This question has not been raised by the parties and its resolution plays no role in today’s decision. Because I believe that the expression of views on important legal subjects that are not briefed or argued should be avoided in judicial opinions, I do not concur in this discussion.