Duquesne Natural Gas Co. v. Fefolt

Dissenting Opinion by

Montgomery, J.:

I respectfully disagree with the majority in its conclusion that Prager’s Estate, 74 Pa. Superior Ct. 592 (1920), does not control the present case. The instrument now before us is very similar to if not identical with the one in that case. It conveys to the Byers Oil and Gas Company, a trust, and to its successors and assigns “all the oil and gas in and under” the tract of land described therein, with the right to use water and the surface land for the purpose of producing and transporting oil, gas and water; “reserving however, to first party the equal…