In re Oak Leaf Coal Co.

Citations

• 225 F. 126
• 1915 U.S. Dist. LEXIS 1229

Syllabus

<p>1. Easements @=51—Reservation—Construction.</p> <p>A reservation in a deed of tbe “right to build railroads through [land conveyed] in order to reach other lands beyond and above,” when read in connection with a reservation of minerals and mining rights, includes lands owned by the grantor at the time of the execution of the deed, and coming within the designation as being “beyond and above,” and also includes lands subsequently acquired by the grantor engaged in acquiring mineral lands and in bodying them up for profitable mining propositions, and also includes lands to which the grantor does not obtain title, but which are necessary for the utilization of his own lands.</p> <p>[Ed. Note.—For other cases, see Easements, Cent. Dig. §§ 109-112; Dec. Dig. @=51.]</p> <p>.2. Easements @=26—Reservation—Construction.</p> <p>A deed contained a reservation of the minerals and usual mining rights and the right to build railroads through the land conveyed to reach other lands beyond and above. A lessee of the land the grantor then owned and subsequently acquired obtained a lease of other lands for the purpose of mining. The grantor’s land could not alone be profitably used for mining. Held, tliat the reservation for railroads terminated when the mineral was exhausted in all the lands of the lessee.</p> <p><g=s>For other cases see same topic & KEY-NUMBER, in all Key-Numbered Digests & Indexes</p> <p>|Ed. Note.—For other cases, see Easements, Cent. Dig. §§ 72%-74, 80-82; Dec. Dig. <g=>26J</p> <p>3. Easements <J=»18—Reservation—Right of Way.</p> <p>Where a right of way in a deed was not defined, but was actually located on the ground with the acquiescence of the holder of the land under the grantee, the right of way became defined.</p> <p>[Ed. Note.—For other cases, see Easements, Cent. Dig. §§ 103-107; Dec. Dig. <®=>48.'j</p> <p>other eases sec same topic & KEr-NUMBJElt in all Key-Numbered Digests & Indexes</p>