Heirs of Galen Roberts v. Coal Processing Corp.

27 Va. Cir. 178, 1992 Va. Cir. LEXIS 168 (1992)

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Heirs of Galen Roberts v. Coal Processing Corp.

Virginia Circuit Court
27 Va. Cir. 178, 1992 Va. Cir. LEXIS 168 (1992)

MJ

Facts

In 1874, Galen Roberts entered an instrument regarding coal rights under a piece of property. Roberts had entered other instruments indicating that he knew how to properly sever the full mineral interest, as opposed to merely granting a lease. In the instrument at issue, the language conformed with Virginia’s law regarding leases in effect at the time. The instrument also used the term “lease” and set a term of 99 years. The instrument stated, however, that it was to “grant and convey.” The heirs of Roberts (heirs) (plaintiffs) and the Coal Processing Corporation (defendant) disputed the meaning of the instrument. Specifically, the heirs claimed that the instrument was a severance deed that gave them an interest in the coal, whereas Coal Processing claimed that the instrument was merely a limited-term lease.

Rule of Law

Issue

Holding and Reasoning (Mullins, J.)

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