Elk Horn Coal Corp. v. Casebolt

MOORMAN, Circuit Judge.

This case turns upon the construction of a mineral deed of July 23,1903, from William Casebolt and his wife to the appellant’s grantor. The granting clause purports to convey all coal, iron, oils, gasses, minerals, and mineral substances in a certain tract of land. Following this there is the phrase: “It is understood that there is an oil and gas lease on this tract of land, and grantor is to have the benefit of said lease.” The lease which is referred to was executed by Casebolt on September 7, 1901, and was for a term of twenty years and as much longer as gas and oils…