Howell v. Kentucky-West Virginia Gas Co.

CULLEN, Commissioner.

J. F. Howell and W. H. Howell, owners of the surface of a tract of land in Floyd County, brought action seeking a declaration as to their right to free gas for domestic purposes, under a reservation in a mineral deed executed by one of their predecessors in title. The court held that the reservation was personal to the original grantor in the mineral deed, and his children living on the land, and that the Howells were not entitled to’ free gas. The Howells. appeal.

The mineral deed was executed by Samuel Music. The clause reserving free gas was as follows:

“If oil and gas…