Deeds: Minerals; 'Surface only'

摘要

In 1869, Fonnan acquires ownership of a 225-acre tract. He died in 1893, and bis seven children each received a l/7th interest through intestate succession. By 1902, only two of the" seven children owned an interest in the tract and they conveyed "all of the coal" to two grantees. In 1907, Florence deeded her l/7th interest in the tract to Walter who already owned the remaining 6/7th interest. The deed granted an interest "in the surface only . . . (the coal and mining privileges previously sold)." In 1967, Morgan purchased the 225-acre tract from a successor-in-interest to Walter. Florence's interest, if any, are claimed by the Church. The Church asserted that it owned a l/7th interest in die oil and gas beneath the 225-acre tract. At trial, Morgan presented two witnesses who testified that Florence did not pay any taxes on her putative oil and gas interest, nor had she mentioned that interest in other conveyances. The trial court concluded that Morgan owned 100% of the oil and gas rights based on its finding that the phrase "the surface only" was ambiguous. The trial court relied on Ramage v. South Penn Oil Co., 94 W. Va. 81,118 S.E. 162 (1923) which found that similar language was ambiguous as a matter of law. Held: reversed and remanded. Under West Virginia law, the interpretation of a deed which is not dependent upon extrinsic evidence is a question of law so that the supreme court reviews the decision de novo.