83 W. Va. 20 | W. Va. | 1918
On the 6th day of August, 1902, O. P. Riffe, being tbe owner of a tract of land m Raleigh county, conveyed to the
What is meant in a grant like this by the term minerals has been many times the subject of discussion by the courts of this country, as well as the courts of England. It would seem that this word has no definite and certain meaning which can be attributed to it in all cases. Its strict scientific definition would include all inorganic matter, but it cannot be said that in granting the minerals in a tract of land the term is used in any such broad comprehensive sense, for if such were the case a grant of the minerals would be a grant of the entire estate.
Originally it seems to have been held in England that the ■term mineral would include anything that was produced from mines or by the ordinary process of mining, that is, by excavation by means of shafts or tunnels. This definition was adhered to by the English courts for many years, but when the question of whether or not a bed of clay operated by open workings, and not by the ordinary processes of mining, was a mineral, it was held to be such. It was held that the term mineral means primarily all substances other than the agricultural surface of the ground which may be got for manufacturing or mercantile purposes, whether from mines, as the word would seem to signify, or such as stone or clay, which are got by open workings. Midland Ry. Co. v. Checkley, Law Rep. 4 Eq., 19; Hext v. Gill, Law Rep., 7 Chan. App. Cases, 699; Midland Ry. Co. v. Haunchwood Brick & Tile Co., Law Rep., 20 Chan. Div., 552; Magistrates etc. v. Baric, Law Rep., 13 App. Cases, 657; Great Western Ry. Co. v. Carpalla United. China Clay Co., Appeal Cases 1910, p. 83. The question has been discussed by some of the American courts, and we believe there is a reasonable degree of unanimity as to the meaning of the term, although there are some apparent discrepancies in the application of it to par
Tn this case we have no evidence as to the situation of the parties at the time of the grant, or their conduct under it, which would aid us in the interpretation of it. We have, however, language used in the deed conveying certain mining rights. The grant of these rights is to mine, excavate and remove all the coal; make and maintain all necessary railroads, excavations, ways, shafts, drains, drainways and openings necessary and convenient for the mining and removeal of said coal and other minerals. Substantial aid is afforded by this language in determining what the parties meant by the term, other minerals, in the grant. The rights granted for the removal of these minerals are such rights as are in
Such being the case, we are of opinion to affirm the decree complained of.
Affirmed.