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FAITH UNITED METHODIST CHURCH v. MORGAN

No. 12-0080.

745 S.E.2d 461 (2013)

FAITH UNITED METHODIST CHURCH AND CEMETERY OF TERRA ALTA, West Virginia, and Trinity United Methodist Church of Terra Alta, West Virginia, Petitioners v. Marvin D. MORGAN, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 13, 2013.

Attorney(s) appearing for the Case

Steven L. Shaffer, Esq. , C. Paul Estep, Esq. , Estep & Shaffer, L.C., Kingwood, WV, for the Petitioners.

J. Thomas Lane, Esq. , C. Seth Wilson, Esq. , Joshua L. Jarrell, Esq. , Bowles Rice McDavid Graff & Love LLP, Morgantown, WV, for the Respondent.

KETCHUM, Justice:

In Syllabus Point 1 of Ramage v. South Penn Oil Co.,1 the Court declared that the term "surface," when used as a term of conveyance in a deed, is ambiguous on its face and always subject to modern-day interpretation using parol and other evidence extrinsic to the deed.

In this appeal from the Circuit Court of Preston County, we are asked to examine a 1907 deed of the "surface only" of a tract. The circuit...

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