Sloan v. Lawrence Furnace Co.
Ohio Supreme Court
Motion for leave to file a petition in error to the District Court of Lawrence county. The original action was brought by the defendant in error against “ The Iron and Steel Co.,” to recover a royalty of fifty cents per ton on iron ore mined by the defendant on certain lands named. The plaintiff in that suit claimed to be the owner of the ore in place and entitled to the royalty.
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Motion for leave to file a petition in error to the District Court of Lawrence county. The original action was brought by the defendant in error against “ The Iron and Steel Co.,” to recover a royalty of fifty cents per ton on iron ore mined by the defendant on certain lands named. The plaintiff in that suit claimed to be the owner of the ore in place and entitled to the royalty. The Iron and Steel Company admitted its indebtedness on account of the royalty ; but upon a showing that the plaintiffs in error also claimed to be the owners of the ore and entitled to the money, they were allowed…
1Opinion of the Court
By the Court.
In the deed of conveyance from Israel to Sloan, the minerals underlying the soil were excepted from, the grant. It is true, the intention of the grantor was expressed by the word “reserving,” which technically saves only a right to som& use or benefit in the thing granted, instead of excluding or excepting from the operation of the deed a part of the thing embraced in the general description. But while this technical distinction between a reservation and an exception may exist, it is quite clear, from the subject-matter, that “ reserving ” was here used in the sense of “…
2Cases cited1 opinion
- Keeler v. WoodSupreme Court of Vermont · 1858
3Cited by17 opinions
- Negaunee Iron Co. v. Iron Cliffs Co.Michigan Supreme Court · 1903
- Barrett v. Kansas & Texas Coal Co.Supreme Court of Kansas · 1905
- Grant v. HaymesSupreme Court of Georgia · 1927
- Stocker & Sitler, Inc. v. MetzgerOhio Court of Appeals · 1969
- Peppertree Farms, L.L.C. v. ThonenOhio Supreme Court · 2022
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