Mandle v. Gharing

Citations

• 256 Pa. 121
• 100 A. 535
• 1917 Pa. LEXIS 574

Syllabus

<p>Deeds — Conveyances—Reservations—Exceptions — Construction —Intention—Oil and gas.</p> <p>1. Though apt words of reservation be used in a deed they will be construed as creating an exception, if such was the design of the parties, ascertained from the entire instrument.</p> <p>2. Exceptions and reservations differ in legal effect, but in their creation there is no magic in words and if the meaning is clear either expression will operate for the purpose designed.</p> <p>3. If the particular clause be construed as an exception from the grant, no words of inheritance are necessary because title to the excepted part remains in the grantor and never passes to the grantee, but if it be construed as a reservation, words of inheritance are necessary, otherwise the right ceases at the death of the grantor, because the grantor creates the reservation to himself of some new right or thing out of the property which he has granted and which was not in existence at the time of the granting.</p> <p>4. Where the owner of a tract of land conveyed the same by a deed, which, inter alia, provided “Excepting and reserving from the above all oil or gas produced from the said undivided one-fourth of the above described tract of land,” the lower court properly held that the words created an exception, that the title to the oil and gas remained in the grantor and at his death vested in his residuary devisee.</p>