SKIVOLOCKI v. EAST OHIO GAS CO.

No. 73-632.

38 Ohio St. 2d 244 (1974)

SKIVOLOCKI, APPELLANT AND CROSS-APPELLEE, v. EAST OHIO GAS COMPANY, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided June 19, 1974.


Attorney(s) appearing for the Case

Messrs. Sheppard & Agnew, Mr. John C. Sheppard and Mr. Alex J. Robertson, for appellant and cross-appellee.

Messrs. Kincaid, Micheli, Geyer & Ormond and Mr. R. William Geyer, for appellee and cross-appellant.


STERN, J.

This dispute centers about the respective rights of the parties, as those rights are traced to and defined by the 1901 mineral deed from Hawes to The National Coal Company. That deed reads, in pertinent part:

"* * * [I convey] all the coal in and under the following real estate, situated in the County of Guernsey in the state of Ohio * * *.

[Description of property omitted.]

"* * * Together with all necessary rights of way under said...

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