McDonald v. Bennett

Litz, Judge:-

This is an appeal from a decree partitioning the oil and gas of a tract of 212-% acres of land in Calhoun County. The ease was reversed on a former appeal for lack of necessary parties. 108 W. Va. 665, 152 S. E. 533.

By deed dated December 1, 1898, W. T. Wiant and N. M. Bennett conveyed said land to C. E. Vandevender and John S. Withers. The deed contained the provision: “But there is reserved and excepted from this conveyance Ys of all the oil and gas in and underlying said tract of land that may be produced therefrom, and the right of ingress and egress for the purpose of…