Maynard v. McHenry

Opinion of the Court by

Judge Rees

— Affirming.

The question for decision is whether the word “minerals” in a reservation in a deed includes natural gas and oil.

John McHenry, in 1871, executed a deed conveying to Charles Maynard 410 acres of land in Lawrence county for a consideration of $80. The deed contained the following reservation:

“The party of the first part hereby reserves to himself and assigns the exclusive right to all minerals coal and oil privileges in or to said lands belonging with the right to enter thereon for the exploitation development and working of the same with all needful…