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NANTAHALA POWER AND LIGHT CO. v. HORTON

No. 22.

106 S.E.2d 461 (1959)

249 N.C. 300

NANTAHALA POWER AND LIGHT COMPANY, Petitioner, v. Oze E. HORTON and wife, Bessie G. Horton; J. G. Stikeleather, Jr., and wife, Dorothy Stikeleather; Ruth Lane Atkinson and husband, Frank C. Atkinson; Herman G. Nichols and wife, Elizabeth Shuford Nichols; and Andrew Gennett, Executor of the Estate of Carter T. Gennett, Deceased, Respondents.

Supreme Court of North Carolina.

January 14, 1959.

Attorney(s) appearing for the Case

Morgan, Ward & Brown, Waynesville, for respondents Horton, appellants and appellees.

Ward & Bennett, Asheville, for respondents Stikeleather and others, appellants and appellees.

BOBBITT, Justice.

Whatever rights the grantors in said deed of May 10, 1938, reserved by the "exceptions, limitations and reservations" therein set forth, vested in respondents Horton when the condemnation proceeding was instituted. Subject thereto, respondents Stikeleather, et al., owned the 557-acre tract in fee simple.

Unquestionably, said reservations and exceptions severed the minerals and mining rights from...

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