Summary
The West Virginia Supreme Court of Appeals affirmed summary judgment holding that 1910 deeds reserved royalty interests in oil and gas produced from the land, rather than reserving the oil and gas in place. The court also declined to address ownership of a tract not covered by the summary-judgment relief requested below.
Holdings
- The 1910 deeds reserved only royalty interests, not ownership of the oil and gas in place, because the deeds referred to oil and gas when produced, drilled, or marketed and granted the grantees the right to lease the land.
- The Court declined to review the Tract 123 ownership issue because the circuit court had not decided it and Statoil's summary judgment motion did not seek relief concerning Tract 123.
Questions Presented
- Whether the 1910 deeds reserved ownership of the oil and gas in place rather than merely royalty interests.
- Whether the circuit court erred by failing to adjudicate ownership of the oil and gas associated with Tract 123.
Disposition
affirmed
Cases Cited (9)
- Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994)(followed)
- Davis v. Hardman, 148 W. Va. 82, 133 S.E.2d 77 (1963)(followed)
- Toothman v. Courtney, 62 W. Va. 167, 58 S.E. 915 (1907)(relied_on_by_party)
- Paxton v. Benedum-Trees Oil Co., 80 W. Va. 187, 94 S.E. 472 (1917)(limited)
- Cotiga Development Co. v. United Fuel Gas Co., 128 S.E.2d 626(followed)
- Realty Securities & Discount Co. v. National Rubber & Leather Co., 122 W. Va. 21, 7 S.E.2d 49(followed)
- McDonald v. Bennett, 112 W. Va. 347, 164 S.E. 298(followed)
- Harris v. Cobb, 49 W. Va. 350, 38 S.E. 559(followed)
- Duquesne Light Co. v. State Tax Department, 174 W. Va. 506, 327 S.E.2d 683(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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