Legal Opinion

Gastar Exploration and Rona Lee McCardle v. Gary Rine, Administrator, etc.

West Virginia Supreme Court

Decided October 19, 2017No. 16-0962PublishedCited by 25 opinions

1Opinion of the Court

Justice Ketchum:

This case concerns a 1977 deed and its effect on the ownership of a one-half interest in oil and gas beneath a tract of land in Marshall County, West Virginia. When a deed is ambiguous, a court must weigh extraneous evidence like the conduct of the grant- or and grantee to determine. the parties’ intent, A court must also adopt any reasonable inteipretation of the deed most favorable to the grantee.

As we discuss below, we find the 1977 deed is ambiguous and of such doubtful meaning that reasonable minds disagree as to the deed’s intent. The Circuit Court of Marshall County…

2Cases cited23 opinions

  1. Painter v. PeavyWest Virginia Supreme Court · 1994
  2. Cotiga Development Co. v. United Fuel Gas Co.West Virginia Supreme Court · 1962
  3. Cox v. AmickWest Virginia Supreme Court · 1995
  4. Berkeley County Public Service District v. Vitro Corp. of AmericaWest Virginia Supreme Court · 1968
  5. Estate of Tawney Ex Rel. Goff v. Columbia Natural Resources, L.L.C.West Virginia Supreme Court · 2006

18 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Selwyn Vanderpool v. CPL B.M. Hunt and Greenbrier County Sheriff DepartmentWest Virginia Supreme Court · 2019
  2. Jane Doe v. Logan County Board of EducationWest Virginia Supreme Court · 2019
  3. Goldstein v. Peacemaker Props., LLCWest Virginia Supreme Court · 2019
  4. Carol Drake Greco and Bette Drake Walling v. George I. Sponaugle, IIWest Virginia Supreme Court · 2018
  5. Clinton Hills Improvement Association v. Frank E. Butch a/k/a Francis Butch and Rose Mary ButchIntermediate Court of Appeals of West Virginia · 2025

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API