Shober Farms, Inc. v. Merrill

Opinion by

Gunther, J.,

This is a suit in assumpsit for unpaid haulage royalties. Plaintiff is the assignee of rights to royalties granted by deed of 1917 from assignor to defendants’ predecessor in title. At the time of the conveyance, the grantor, J. M. Shober, was owner of a one-half interest in the land as tenant in common. The deed conveyed the one-half interest but contained the following reservation :

“2. Also, Reserving and Excepting, the right to the Party of the First Part, his heirs, executors, and administrators or assigns to build and operate a rail; way or tramway or to grant said…