Wardell v. Watson
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, J udge. (1) The deed from the coal company to Tompkins expresses on its face the estate granted and the estate and privileges reserved. It reserves the coal and the right to mine and remove the same, and also to sink air shafts if necessary in working said coal.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, J udge. (1) The deed from the coal company to Tompkins expresses on its face the estate granted and the estate and privileges reserved. It reserves the coal and the right to mine and remove the same, and also to sink air shafts if necessary in working said coal. This is a limitation upon the nse of the surface to the uses specified. 2 Wait’s Actions & Defences, 676; Suffield v. Brown, 4 DeG., J. & S. 185; Johnson v. Jordan, 2 Met. 234. (2) Aside from the fact that the deed itself fixed the rights of the parties as to the surface, no such…
1Opinion of the CourtBlack, J.
This was an action of ejectment to recover the surface of ten acres of land, being that part of the west half of the northwest quarter of section 14, township 57, range 15, south of the Hannibal & St. Joseph Railroad in Macon county.
On the fifteenth of June, 1869, the-Central Coal & Mining Company conveyed the surface of the above-described eighty acres to one Tompkins, reserving to the party of the first part, their assigns and successors forever, “the right of mining and removing at pleasure coal and other minerals from under the surface of said land ; also, the right and privilege of…
2Cases cited1 opinion
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
3Cited by23 opinions
- Stradley v. Magnolia Petroleum Co.Court of Appeals of Texas · 1941
- Wallace v. HoytCourt of Appeals of Texas · 1920
- State Ex Rel. Cross v. Board of Land CommissionersWyoming Supreme Court · 1936
- Manning v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1904
- Gordon v. ParkSupreme Court of Missouri · 1909
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