WEST VIRGINIA DEPT. OF HIGHWAYS v. FARMER

No. 13637.

226 S.E.2d 717 (1976)

WEST VIRGINIA DEPARTMENT OF HIGHWAYS, a corporation v. Claude FARMER et al., Charles Hornor et al., Intervenors.

Supreme Court of Appeals of West Virginia.

July 23, 1976.


Attorney(s) appearing for the Case

Orville L. Hardman, Parkersburg, for P. E. Hornor.

Larry L. Skeen, Ronald H. Adams, Ripley, for D. E. Farmer.


CAPLAN, Justice:

The sole question presented on this appeal is whether, in the circumstances revealed by the record, the sand and gravel situate on the land of Claude Farmer and Virginia H. Farmer, his wife, owners of the surface of the subject real estate, is included in a reservation of the "oil, gas and other minerals". The trial court found that sand and gravel are not included in such reservation and awarded the proceeds...

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