Lee v. Bumgardner

Citations

• 86 Va. 315
• 10 S.E. 3
• 1889 Va. LEXIS 42

Syllabus

<p>Beal Estate—Reservation of minerals—Subsequent conveyance.—A tract of land divided into separate parcels, Bo. 6 passed to plaintiffs, and Bo. 11, whereon was the abandoned furnace called “ Cotopaxi,” passed to defendants. In the deed to lot Bo. 6 is this language: “Subject to the right of the owners of Cotopaxi furnace to raise ore from a bank or banks on lot Bo. 6.” Defendants were engaged in hauling large quantities of iron ore from the banks on lot Bo. 6. Plaintiffs enjoined them. After suit brought, defendants obtained a conveyance of the ore banks from the holders of the title thereof. Held: Plaintiffs acquired no-right to the iron ore by the deed granting lot Bo. 6, but reserving the iron ore as stated. .Nor could the iron ore pass as appurtenant to No. 11, granted to defendants. So, the iron ore remained the property of the vendor until he conveyed it to defendants; and the conveyance, though made after suit brought, is a valid defence to a bill to restrain them from mining the ore.</p>