Robert Clarkson Thaxton land case 1943 Kanawha Co., WV

From a West Virginia Supreme Court case, Bruen v. Thaxton, 126 W.Va. 330, 28 S.E.2d 59 (1943):

“On March 2, 1854, Alexander M. Bruen made a deed by which he conveyed to Robert Thaxton a tract of 125 1/4 acres of land located in Kanawha County, referred to in the pleadings as 125 acres, subject to an exception and reservation reading as follows: ‘Excepting and reserving all the Coal and Iron minerals found in or upon said land to the said Alexander M. Bruen his heirs and assigns, with rights of way of ingress and regress necessary to the full enjoyment and use of this reservation and granting to the said Thaxton license to use such quantities of said minerals as may be required for his household and domestic purposes.’ . . .

Robert Thaxton continued as the owner of the said tract of land until January 3, 1880, on which date he conveyed the same to Monroe S. Thaxton, by a deed, the habendum clause of which contains the following: ‘To have and to hold the said tracts of land unto the said Monroe S. Thaxton his heirs and assigns forever, the minerals are reserved to A. M. Bruen and further that said parties of the first part will warrant generally the property hereby conveyed.’

A number of conveyances of the said land followed, in most of which some reference is made to the deed of January 3, 1880. H. H. Thaxton finally became the owner, and on June 14, 1919, conveyed the same to G. W. Facemyre and Cora Facemyre, reserving, however, a one-half interest in the oil and gas therein, with the usual mining rights and privileges. . . .

The plaintiffs, claiming to be the owners of the oil and gas in the tract of 125 acres of land, under the exception and reservation of ‘all the coal and iron minerals’ contained in the Bruen-Thaxton deed, instituted this suit, in the Circuit Court of Kanawha County, for the purpose of having removed, as a cloud upon their alleged title thereto, certain deeds and other writings purporting to deal with and vest title to and rights in said oil and gas, as the property of persons and corporations other than the plaintiffs. The bill of the plaintiffs was filed at April Rules, 1941, and the following persons and corporations were made parties defendant thereto, namely: H. H. Thaxton and Florence C. Thaxton, his wife, G. W. Facemyre and Cora A. Facemyre, his wife, William O. Ziebold, United Carbon Company, a corporation, and United Fuel Gas Company, a corporation. . . .”

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