West Virginia Department of Highways v. Farmer

Caplan, Justice:

The sole question presented on this appeal is whether, in the circumstances revealed by the record, the sand and gravel situate on the land of Claude Farmer and Virginia H. Farmer, his wife, owners of the surface of the subject real estate, is included in a reservation of the “oil, gas and other minerals.” The trial court found that sand and gravel are not included in such reservation and awarded the proceeds for the sale thereof to the Farmers. We affirm that ruling.

The West Virginia Department of Highways, needing sand and gravel for its road building program, instituted an…