Cole v. Thompson
U.S. Circuit Court for the District of Northern West Virginia
In Chancery. In consideration of love and affection, on June 17, 1898, J. P. Ashcraft and wife conveyed to. William C. Cole, in fee simple, 97% acres of land in Wetzel county, W. Va., reserving, however, one-sixteenth part of the oil within and thereunder and one-half of all money thereafter paid for gas produced from said land, as also the rental for that year under the oil and gas lease, but not longer.
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In Chancery. In consideration of love and affection, on June 17, 1898, J. P. Ashcraft and wife conveyed to. William C. Cole, in fee simple, 97% acres of land in Wetzel county, W. Va., reserving, however, one-sixteenth part of the oil within and thereunder and one-half of all money thereafter paid for gas produced from said land, as also the rental for that year under the oil and gas lease, but not longer. A private right of way was also reserved over said land for the use and benefit of another tract of 62% acres, conveyed by the grantors on the same day to Media E. Maple. The closing…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). The decision of this demurrer, it will be seen, must depend solely upon the construction of the deed from Ashcraft and wife to Cole. On the one hand, it is insisted that this deed on its face shows simply a conveyance to Cole the father of the legal title to the land to be held by him in trust for his infant children, the grandchildren of the grantors. On the other hand, it is insisted that it was an absolute conveyance in fee simple to Cole with no trust of any kind created thereby. In determining the true construction to be arrived at, it will be borne in…
2Cases cited11 opinions
- Roberts v. ColemanWest Virginia Supreme Court · 1892
- Acker v. PriestSupreme Court of Iowa · 1894
- Noe v. RollIndiana Supreme Court · 1893
- Harris v. ElliottWest Virginia Supreme Court · 1898
- Hamilton v. SteeleWest Virginia Supreme Court · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McLaughlin v. CorcoranMontana Supreme Court · 1937
- Murphy v. JohnsonCourt of Appeals of Texas · 1932
- McQuaide, Admx. v. McQuaideIndiana Court of Appeals · 1929