Brackston v. Montooth Coal Co.

Citations

• 230 Pa. 12
• 79 A. 160
• 1911 Pa. LEXIS 552

Syllabus

<p>Deeds — Reservation “Coal rights and privileges” — Mines and mining.</p> <p>A deed granted to a coal company all the coal lying on the south side of a designated creek with certain designated surface rights on the lands on the south side of the creek. By a later clause in the same deed there was granted certain surface and other rights on the lands of the grantor on the north side of the creek for the purpose of operating the coal of the lands on the south side of the creek. The grantor subsequently died devising his lands to his son. The son subsequently executed a deed conveying to his grantee the land on the north side of the creek. In this deed the son reserved “the coal and coal rights and privileges in said described premises recited in deed” executed by his father, and duly recorded. Held, that the deed from the father did not include coal under the land north of the creek, and that the reservation in the deed of the son did not reserve the coal under the land lying north of the creek, but only the coal rights and privileges on the lands on the north side as specified in the father’s deed.</p>