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CNX GAS CO. LLC v. RASNAKE

Record No. 130306.

752 S.E.2d 865 (2014)

CNX GAS COMPANY LLC v. James RASNAKE, et al.

Supreme Court of Virginia.

January 10, 2014.

Attorney(s) appearing for the Case

James R. Creekmore ( Blair N.C. Wood ; David Grant Altizer ; M. Shaun Lundy ; Creekmore Law Firm; Altizer , Walk and White , on briefs), for appellant.

Joseph R. Carico ( Carl E. McAfee , on brief), for appellees.

Present: LEMONS, GOODWYN, MILLETTE, MIMS, and POWELL, JJ., and RUSSELL and KOONTZ, S. JJ.

Opinion by Senior Justice CHARLES S. RUSSELL.

This appeal turns upon the interpretation of the language used by the grantor in a deed of bargain and sale.

Facts and Proceedings

The essential facts are undisputed. In 1887, Jacob Fuller and Mary Fuller, husband and wife, were the owners of a tract of land in Russell County containing 414 1/8 acres. By deed dated February 14 of that year, they conveyed "all the coal, in, upon, or underlying"...

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