Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 4
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DECISIONS ON MINES AND MINING.
OWNERSHIP OF MINERALS IN HIGHWAY.
All mineral deposits within the limits of a highway belong to the
owner of the fee and he is entitled to remove them so long as he does
not interfere with the public use of the highway.
City of Scranton v. Scranton Coal Co. (Pennsylvania), 100 Atlantic 813, p. 819.
SALE AND CONVEYANCE.
SALE AND CONVEYANCE-EXCEPTION AND RESERVATION.
The owner of an undivided interest in oil and gas lands conveyed
the same to certain named grantees by deed containing a clause
excepting and reserving all the oil and gas produced from the undi-
vided interest in the land described. The language is not apt for
the creation of either an exception or a reservation, but is rather that
of a layman unfamiliar with legal distinctions. Strictly and literally
construed, it affords a basis for a contention that that which was
excepted and reserved was not realty in any form or anything inci-
dent thereto, but personalty produced from the land. Immediately
following the description of the tract, the grantor excepted and
reserved something from the land described. What he excepted
and reserved, he excepted and reserved then, and it was from his
interest in the land. The clause expressed according to the evident
intention of the grantor would read: "Excepting and reserving from
the above all oil or gas which may hereafter be produced therefrom."
No other construction can reasonably be placed upon the language
used. The carving out of a separate estate in the oil and gas in land
is a common occurrence in oil and gas producing fields.
Mandle v. Gharing (Pennsylvania), 100 Atlantic 535, p. 536.
RESERVATION CONSTRUED AS AN EXCEPTION.
Where apt words of reservation are used in a deed they will be
construed as an exception where this is the evident intention of the
parties to the instrument. Although an exception and a reservation
differ in legal effect, yet in their creation there is no magic in words,
and if the meaning is clear either expression will operate for the
purpose designed. The technical distinction between an exception
and a reservation is frequently disregarded in the ordinary use of the
word, and whether the language used creates an exception or a
reservation must be determined from the intention of the parties
ascertained from the entire instrument.
Handle v. Gharing (Pennsylvania), 100 Atlantic 535, p. 537.
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc38745/m1/18/: accessed July 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.