Sheba v. Kautz

Citations

• 2017 Ohio 7699
• 97 N.E.3d 893

Syllabus

decision finding mineral interest abandoned under 1989 Dormant Mineral Act cannot be upheld due to intervening Ohio Supreme Court precedent trial court alternatively held 1848 deed did not reserve oil and gas as reservation's use of \mineral\ showed intent was to reserve coal and other non-migratory minerals summary judgment affirmed based on Supreme Court's Detlor holding which found 1890 deed did not transfer oil and gas when it transferred coal and other minerals, the deed in this case was executed over 40 years earlier than Detlor deed, deed speaks of mining from adjacent property, and no evidence suggests parties to the deed contemplated the inclusion of oil and gas as minerals in this Belmont County locality in 1848.