Petroleum Exploration v. White

Opinion of the Court by

Hobson, Commissioner

Reversing.

Mrs. C. L. Searcy owned, among other things, for her lifetime, 500 acres of pasture land in Madison county, which she held under the will of her husband, C. L. Searcy. On March 9,1926, she granted to the Petroleum Exploration the right of way for a pipe line across the land in consideration of the sum of 25 cents a rod for each pipe line and 50 cents per post for all telegraph and telephone lines. The grant contained this provision:

“The said grantor, her heirs and assigns, to fully use and enjoy the said premises except for the purposes…