Powell v. Owens

Opinion of the Court by

Judge Tilford

— Affirming.

The appellants, claiming under a commissioner’s deed executed March 3, 1932, asserted title to the oil and gas underlying lands comprised within a tract of 1,396 acres formerly owned by K. B. Elswick in fee simple. On May 10, 1910, Elswick had conveyed the coal underlying the acreage to the Mason Coal & Coke Company, and in 1918 and 1919 had executed deeds conveying to AT Swinney and Tom Owens respectively 571.3 and 227.8 acres of land. The deed to Swinney excepted and reserved from the descriptions “the coal and minerals, mining rights and…