Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 89

Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 89

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...and pronounced genuine by the ofiicer who certified the acknowledgment. See also, H oulihan v. Morrissey, (Ill.), Ann. Cas. 1917A, 364 and note; People's Gas Co. v. Fletcher, (Kan.), 41 L. R. A. (N. S.) 1161 and note; 1 C. J. p. 896, and note 60. The remaining question is as to the adequacy of the instru ment to pass title to the minerals and mineral rights disclaimed. It is apparent from the language of the instrument that the makers thereof intended to release or disclaim to the plaintiffs in the several ejectment suits referred to and those claiming under them any right, title, claim or demand to the land sued for in said action, being the land theretofore conveyed by Henry McFarland and others, trustees of the Guyandotte Land Company, to Gustavus A. Sacchi, by deed of June 27, 1865, and recorded in Cabell County, in Deed Book A (New Series) page 104, except the tract described as containing 551/2 acres, and a tract of 35 acres also described therein; and as to the tracts so excepted to also disclaim all title to or interest in all coal (except so much as shall be required for domestic purposes) and iron ore, hydrocarbon oils, salt brine, natural gas and other minerals in, upon or under the said tract of land therein excepted, with the exclusive right to said plaintiffs and those claiming under them for right of way for tram, rail or wagon roads through said land so excepted, and to dig for and mine coal, iron ore, bore for oil and natural gas etc. The instrument so states its purpose. The plaintiffs were well known or easily ascertainable, and there can be no question as to the parties to the instrument nor the subject matter or matters of the disclaimer. The consideration for this disclaimer was, as the instrument recites on...
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Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236961331
  • 9781236961334