Martin v. Kentucky Oak Mining Company

I dissent from the majority opinion.

This case presents a question of the interpretation of a deed executed December 29, 1905, known and- designated as “broad form” or “northern” deeds. These deeds, including the one in question, give the owner of the coal the right to use the surface for any and all purposes “deemed necessary” by the grantee to remove the coal. In a number of counties uniform blank deeds were used so that only the description and the name of the grantor were required above the certificate of the acknowledging officer. In many instances deed books were ordered by the clerk at…