Bartley v. Rowe

CULLEN, Commissioner.

In 1922, A. M. Gibson, predecessor in title to the appellants, conveyed a ten-acre tract of land to Ferman Bartley, predecessor in title to the appellees. The granting clause of the deed contained this exception :

“coal and minerals excepted which is sold.”

As a matter of fact there had been no effective conveyance of the mineral rights prior to the date of this deed. The lower court held that the words “which is sold” were restrictive and since no mineral rights previously had been sold the minerals passed to Bartley and to the appellees as his successors in title. The…