Moody v. Alexander

Citations

• 145 Pa. 571
• 23 A. 161
• 1892 Pa. LEXIS 765

Syllabus

<p>(a) A vendor contracted in writing to convey to the vendee a certain tract of land, reserving “ all oil and gas in or under the said land, with free mining privileges of all kinds, right of way for roads of all kinds; also, free ingress and egress over, into, upon and under said lands; ” compensation to be made for any land used in, and all damages caused by his “ mining operations: ”</p> <p>1. By the terms of the contract, the only minerals excepted out of the grant were the oil and gas. The phrase “ mining privileges ” was referable to them, applying to the processes and means of obtaining oil and gas, and did not extend the exception to coal, iron, and other substances not named; especially in view of the rule that a grant is to be construed most strongly against the grantor.</p>