213 Pa. 195 | Pa. | 1906
Opinion by
The conveyances to the defendants were of certain “pieces or parcels of land .... together with all and singular the improvements, ways, water's, watercourses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the
This court has had rather frequent occasion to consider the word mineral, and to define its meaning in different connections. A number of cases are cited by appellant in which it has been decided that petroleum and natural gas are minerals. Of the fact that under the broad division of all matter into the three classes of animal, vegetable and mineral, petroleum and gas are minerals, there has never been any room for question, and even under some more restricted classifications the same result may be reached. But, on the other hand, it has also been held that in other connections they are not included under that term. There is no discrepancy in the cases. The variations in the scope of the word arise from the connection and application in which it is used.
The crucial question here, as in all contracts, is what was the sense in which the parties used the word. Mineral is not per se a term of art or of trade, but of general language, and
In the present case the question arises in respect to natural gas, the plaintiff claiming that it was included in the reservation of “ the mineral underlying ” the land conveyed. Certainly such gas is a mineral in the broadest sense of the term, but no evidence was given or offered to show that the parties so understood or intended the word mineral, or even that it had acquired a usage in conveyancing which would include gas. In Dunham v. Kirkpatrick, 101 Pa. 36, it was expressly held that petroleum was not included in a reservation of “ all minerals,” the court saying, “ In popular estimation petroleum is not regarded as a mineral substance, and can only be so classified
Judgment affirmed.