Bundy v. Myers

Opinion by

Mr. Justice Jones,

The plaintiff is the successor in title to the grantee of certain realty under a deed of 1884. The defendant Myers is successor in title to the grantor in the same deed which contained the following reservation: “Excepting and reserving, out of this land, the oil, coal, fire clay and minerals of every kind and character with rights of entry for the purpose of removal of the same . . . .” Myers leased to defendant Rupert the rights so reserved. Rupert entered upon the land, drilled a -well and obtained natural gas. The plaintiff, claiming that gas was not embraced…