CNX Gas Co. v. Rasnake
752 S.E.2d 865
Va.2014Background
- In 1887 Jacob and Mary Fuller conveyed “all the coal, in, upon, or underlying” a 414 1/8 acre tract to third parties; no other minerals were conveyed then.
- In 1918 W.T. Fuller (successor) deeded a 75-acre portion to Unice Nuckles "with General Warranty" and added: “This sale is not ment [sic] to convey any coals or minerals. The same being sold and deeded to other parties heretofore.”
- CNX, as lessee under Nuckles’ successors, produced coal‑bed methane and claimed non‑coal mineral rights under the 1918 deed; plaintiffs (Fuller successors) claimed the mineral estate.
- Circuit court held the 1918 deed unambiguously excepted all coal and other minerals from the conveyance, awarding the mineral estate to the plaintiffs. CNX appealed.
- The dispositive question: whether the 1918 language excepted all minerals (including non‑coal) or only those minerals (coal) previously conveyed in 1887.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of the 1918 deed language excluding “any coals or minerals. The same being sold and deeded to other parties heretofore.” | The language unambiguously excepts all coal and minerals from the conveyance (plaintiffs/Fuller successors). | The clause is ambiguous or is a dependent clause limiting the exception to minerals previously conveyed (CNX/Nuckles' successors). | The deed is ambiguous; read as excluding only minerals previously conveyed (i.e., coal). The 1918 deed conveyed all mineral rights the grantor could convey except previously conveyed coal. |
Key Cases Cited
- Berry v. Klinger, 225 Va. 201 (defines ambiguity and supports examining multiple meanings)
- Harris v. Scott, 179 Va. 102 (parol evidence and surrounding circumstances can resolve ambiguity)
- Ott v. L&J Holdings, LLC, 275 Va. 182 (ambiguous deeds permit admission of parol evidence)
- Goodson v. Capehart, 232 Va. 232 (when deed intent is uncertain, common-law rule gives effect to granting clause)
- Bradley v. Virginia Railway & Power Co., 118 Va. 233 (exceptions in a deed are construed most favorably for the grantee)