Besing Et Al. v. Ohio Valley Coal Company

The plaintiff-appellee (Ohio Valley) filed two paragraphs of complaint, one to quiet title, and one for declaratory judgment against the defendant-appellant (Besing). Both paragraphs were directed to the legal interpretation of the phrase “oil, gas and other minerals” as used in a deed insofar as it is determinative of the ownership of coal deposits underlying the real estate described in the deed. The trial court found for Ohio Valley on both paragraphs with this appeal resulting.

The stipulated facts show that on June 30, 1940, the Cyn-thiana State Bank of Cynthiana, Indiana, was the fee…