225 F. 126 | N.D. Ala. | 1915
This is a review by the respondent of an order made by the referee, upon the petition of Shannon and Lunsford, purchasers at the trustee’s sale of the property of the bankrupt, including a mining lease, executed to the bankrupt by the University of Alabama, and a right of way, railroad track, and roadbed, which ran over the lands of the respondent, Hood. The order directed respondent to permit the petitioners to take possession of the railroad. The jurisdiction of the bankruptcy court to make the order is conceded. The right of the petitioners depends upon the construction of a reservation in a deed, executed by B. M. Long to his daughter, Carrie Garner, the grantor of the respondent herein, conveying certain lauds, with a reservation to the grantor of minerals and usual mining rights, also certain parts of the river and creek bank, and the “right to build railroads through said land in order to reach other lands beyond and above.”
The respondent contends that a proper construction of the reservation would limit the right to build railroads to those built for the purpose of reaching the lands of the grantor then owned or thereafter to he acquired, and as the petitioners, at the time of the filing of the petition, were not mining coal on any lands ever owned by the original grantor, but only from lands the mining rights to which were acquired from the University of Alabama, the petitioners acquired ik> title or right to the possession and use of the railroad over the respondent’s lands, by their purchase at the trustee’s sale, and were not entitled to be put into possession of them. On the other hand, the petitioners contend that a proper construction of the reservation in the deed from B. M. Long to Carrie Garner does not limit the lands to he reached by the railroad to he constructed to those owned by B. M. Long, when the deed was executed, or to those which he after-wards acquired, but is broad enough to include lands in which B. M.
, The petition for review is denied, at the costs of the respondent and petitioner, Hood.