· 6/13/2013
Faith United Methodist Church & Cemetery of Terra Alta v. Morgan
Citations
- 231 W. Va. 423
- 745 S.E.2d 461
- 180 Oil & Gas Rep. 878
- 2013 WL 2920012
- 2013 W. Va. LEXIS 691
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because the deed conveyed a “surface only” interest meant that only the surface estate was conveyed
- overruling Ramage v. South Penn Oil Co., 94 W.Va. 81, 118 S.E. 162 (1923)
- “When the language used is plain and unambiguous, courts are required to apply, not construe, the contract.”
- “Deeds are subject to the principles of interpretation and construction that govern contracts generally.”
- “Deeds are subject to the principles of interpretation and construction that govern contracts generally.”
- “The common law rule—cujus est solum ejus est usque ad coelum et ad inferos—is that a land owner with a fee simple title owns everything over the land and under it to the center of the earth.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ketchum
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.