South Penn Coal Co. v. Smith
West Virginia Supreme Court
Appeal from Circuit Court, Barbour County. Bill by the South Penn Coal Company against James R. Smith and others. Decree for defendants, and plaintiff appeals.
1Opinion of the Court
McWhorter, Judge:
On the 16th day of July, 1901, James R. Smith, by a ■writing of that date, .agreed with George M. Price & Company to sell said Price & Company all the coal in and underlying the surface of the farm or tract of land owned by him upon which he then lived in Barbour county, containing 143 acres moré or less, at the price of $12 per acre, but saving and reserving the right to drill through said coal for oil and gas and also excepting the top vein of coal, which agreement was made subject to an option on said coal expiring in November, 1901, said coal being in two tracts, one…
2Cases cited2 opinions
- Abney v. Ohio Lumber & Mining Co.West Virginia Supreme Court · 1898
- Cox v. WaytWest Virginia Supreme Court · 1885
3Cited by2 opinions
- South Penn Oil Co. v. Blue Creek Development Co.West Virginia Supreme Court · 1916
- Collins v. Board of TrusteesWest Virginia Supreme Court · 1913