Sellars v. Ohio Valley Trust Co.

COMBS, Justice.

The question is whether a mineral deed conveyed oil and gas. The circuit court construed it as doing so.

The granting clause of the deed, executed December 11, 1905, by Elijah Sellars to L. P. Kleiderer, is as follows: “ * * * do hereby bargain sell and convey unto Grantee his heirs and assigns all the coal and other minerals underlying the surface of the five tracts of land situated in Henderson County Kentucky and hereinafter described together with the privilege of digging mining and removing coal through underground passways and with the further privilege of carrying away…