Black Wolf Rod & Gun v. International Dev.
1972 MDA 2015
| Pa. Super. Ct. | Oct 25, 2016Background
- Black Wolf Rod & Gun Club (Black Wolf) sued to quiet title and for declaratory relief to the subsurface oil, gas and mineral rights (the "Subsurface Rights") under two warrants (~1,717 acres) in Lycoming County, claiming title via a 1926 deed from B.L. Miller.
- Chain of title traces to an 1893 Davidge→Elk Tanning Co. deed that expressly reserved minerals (a horizontal severance). Tax sales in the early 1900s (under the 1804 Act) later resulted in conveyances to Central Pennsylvania Lumber Co. (CPLC). Under then‑existing law, those tax sales merged surface and mineral estates.
- In 1925 CPLC conveyed to R.N. Miller et al. in a deed that: (1) stated the conveyance was "subject to all the reservations" in prior deeds and (2) "except[ed] and reserv[ed] . . . all minerals, oils, and gases . . . as fully as . . . excepted and reserved" in the 1893 Davidge deed.
- Black Wolf argues the 1925 language was ineffective to reserve minerals (because the 1893 reservation had been extinguished by tax sales), so the Millers received and conveyed fee simple title of the Subsurface Rights to Black Wolf in 1926.
- Defendants (IDC, Pennlyco, SWN) argue the 1925 deed validly reserved the Subsurface Rights to CPLC ("as fully as" the 1893 reservation), and a later chain of title transfers gives them an 87.5% and 12.5% split; trial court sustained preliminary objections/demurrer and dismissed Black Wolf's complaint with prejudice. Court of Superior affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1925 deed effectively reserved the subsurface (mineral) estate to CPLC, preventing Black Wolf from owning minerals | 1925 reservation merely refers back to the 1893 reservation, which was extinguished by tax sales; a reservation referencing an extinguished reservation is ineffective, so no mineral severance existed to pass to Millers | 1925 deed's clear "excepting and reserving" language, including "as fully as" the 1893 deed, affirmatively reserved the minerals to CPLC; later deeds transferred that reserved interest down the chain | Court held the 1925 deed unambiguously reserved the Subsurface Rights to CPLC; dismissal proper |
| Whether the 1925 deed is ambiguous such that parol evidence could be considered | Black Wolf: disparity in wording (e.g., words of heirship in access clause but not mineral clause) and reference back create ambiguity about intent to reserve minerals | Defendants: plain language of reservation is clear and comparable case law recognizes "excepting and reserving... as fully as" language as effective | Court held deed unambiguous; interpreted textually, no parol evidence allowed |
| Whether dismissal on demurrer was proper at pleading stage | Black Wolf: multiple plausible intent theories; matter should survive demurrer and proceed to fact development | Defendants: recorded deeds conclusively show legal interest; on the face of the complaint dismissal is appropriate because Black Wolf cannot prevail under the deed language | Court held that, treating facts as pleaded, law bars recovery; sustaining demurrer was proper |
| Whether action should have been ejectment rather than quiet title | Black Wolf argued quiet title was proper to determine subsurface ownership | Defendants argued procedural basis was improper or that necessary parties were not joined; court nevertheless decided on merits of deed construction | Court disposed of case on deed interpretation and sustained demurrer; quiet title dismissal affirmed |
Key Cases Cited
- Sheaffer v. Caruso, 676 A.2d 204 (Pa. 1996) (endorses that explicit "reserving" language creates a retained oil and gas estate)
- Herder Spring Hunting Club v. Keller, 93 A.3d 465 (Pa. Super. 2014) (tax‑sale law in 1800s caused merger of surface and subsurface rights absent timely tax redemption)
- Pa. Servs. Corp. v. Tex. E. Transmission, LP, 98 A.3d 624 (Pa. Super. 2014) (principles for interpreting deeds: ascertain intent from instrument language and context)
- B.N. Excavating, Inc. v. PBC Hollow‑A, L.P., 71 A.3d 274 (Pa. Super. 2013) (standard of review for sustaining demurrers and dismissing complaints)