Chandler v. French

81 S.E. 825 (1914)

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Chandler v. French

Virginia Supreme Court
81 S.E. 825 (1914)

Facts

A group of landowners (plaintiffs) claimed to have the right to minerals underlying a large tract of land. The landowners’ claim was based on a deed that conveyed title to the land in 1885. Lowry (defendant) also claimed to have a right to the minerals underlying the land. Lowry, however, made his claim based on a lease executed in 1881 for a 99-year term. Under the terms of the lease, Lowry had a right to access the land and extract all coal and minerals from underneath the tract in exchange for a rate for the coal extracted of three cents per ton removed. The landowners sued Lowry, claiming that the lease was at most a mining lease and that it had been forfeited. The landowners therefore sought to have the lease declared void. The trial court agreed with the landowners, and Lowry appealed.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

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