Wiseman v. Cambria Products Co.

Homer E. Abele, Presiding Judge.

This is an appeal from a Lawrence County Common Pleas Court summary declaratory judgment which found that the words used in a 1894 severance deed “and other minerals” did not include oil and gas.

We reverse.

Assignment of Error I

“The trial court erred in holding that the exception and reservation of ‘all the coal, iron ore and other minerals, in, on and underlying’ the land at issue in a deed dated August 17, 1894 from Ironton Coal and Iron Co. to Andrew Neal, recorded in deed book 59, page 241, did not include the right to oil and gas.”

Appellees filed their…