Vicars v. First Virginia Bank-Mountain Empire

In this appeal, we consider whether general language in a deed was sufficient to convey mineral interests in a tract of land which was not specifically identified in the deed.

This controversy arose when Dennis Barnette, trading as Kodiak Mining Company (Kodiak), removed coal from a 71.75-acre tract of land in Wise County. Kodiak paid First Virginia Bank-Mountain Empire (the Bank) $189,799.59 in production royalties based on the Bank’s claim that it owned the mineral interests in the tract. The Bank’s ownership claim was disputed by the appellants, Delores B. Vicars, June B. Belcher, Mickey B.…