The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-12-01
MINES AND MINERALS.

In 1890 the stat. Of New YORK coav ~ ed
4 large tTac, 20 land In Oncnda "a county to
GEORGE u. Wirkham Fourteen years later
he conveyed part OF the tract TO David otis,
with the exception Of mines and minerals.
which are not hereby intended to be con-
yeyed Nickham did not suspect that
there were minerals under the farm land
n question. but he used an English form
OF conveyance which CHANGED to make the
reservation. Years later owners of land in
the locality began TO take ont gypsum. and
1t developed thar the land conveyed had
rich underlying deposit Of gypsum. and
litigation arose over the rights to this de-
post which reached the Court Of Appeals
recently in the case Of Ernest I. White vs..
clifford T.. Miller
The testimony show ed thai through vari-
Gus 'onveyanres Of the land until white
became the owner the reservation of mines
aud minerals remained white hunted up
the heirs OF Wickham. who had reserved
the rights. and acquired a ma ioritv interest
IN all the minerals. A. the same time Miller
acquired the rights from the owner OF the
land previous to White and went on tho
land and cut down trees prior 20 BLASTING
on the top layer Of limestone and quarry
ing the gypsum. white sued for an iniunc-
ton against n continuing tr-spass and for
money damages for cutting down the trees.
ohEN III Appears Snsta'ns MS ACUOn
The court decides that Wickham's deed
did esr-p, from the grant ell mines and
minerals. including gypsum. but excepting
limestone and gold or silver. which by
statute were reserved TO the State. and that
the plaintiff a. the owner Of the surface Of
the farm lands. including the limestone.
was not estopp"d from claiming title to the
minerals. The reservation a. to mines and
minerals IL clear and ambiguous. the
70 admit OF doubt OF what the erantor in
tended TO except while the term miner
ais is comprehensive. speaking generally
II signifies all natural inorganic bodies
Concerning the propristy OF chasing
gypsum IN the exception TO the grant Judge
GRAY. who wrote the decision. SAID:
This mineral Is 4 suIph,,- Of calcium snd has
become m import nt sr'ic~ Of commerce. its use
being formerly for fertilizers and land plas,rrs.
ami mere recently for the manufacture Of cement
and for slndres purposes. As a mineral
Itapp~ars that y has been AIKEN out by opeu quar-
ryin-. bU' Il can br obtained by mining as dis
tngJish-d from quarrSing u Is shown IN have
been mined a. points In this state since isS. and
according 20 the evidence the date when II
ar>i mined i not known ~ undsrll-S the lime
stone forun',nn upon the premises In lodges at a
depth NJ frn1n twenty Ave "a forty feet. and In
places rose in the form of caps 10 within a foot
eighteen inches Of the surface Of the soil. when
taken from the land Il appears TO have been
-Orke,i by duarrying after the limestone eYing
II had rrst bern blasted away but Ii would seem
TO ~ clear where n mineral formation unsierii-S
n be-, of limestone At such depth and in itself Of
great depth that - would more scientifically. II
not ordinarily. be obtained BY snb,errran-sn work
or excavation
whether or not gypsum was particularly In
WiC- hams mind Al INC time of MS grant to OTIS
cannot say. There i morning 10 show that
mineral ores were ever found In the vicinity. and
there l. little 10 show Why The broadness Of the
exception In wicsham- mind should be re
S'ricr'i. That he meant 'o except what could
Legally he defined minerals 4. plain. and the
only admissible aual,hcn lions IN this r-sprc, would
he minerals that were no, obtained b. mining.
Judge Gray SAYS thai under the dec isIons
of the English courts n grant Of the minar rails
n Land Sill include all such a. are obtain
able beneath tn" surface Of the soil for the
purpose of profit VA RI" absence of language
~ of circumstances which would make a
limitation 81 ii- import reasonable In one
rass . bed ~ china Clav was discovered
under he land IN part of England where
II was not known 10 exist In" court held
that " was included IN the reserN alton and
that resery alton III minerals was 80
sweeping NJ 80 PmbrsC" all inorganic
substances which might u" found beneath
the surface and which could he worked At
Il nrpn' unless otherwise limited The
court Their" held thai the word mines
couIled with minerals did not limit the
meaning ~ the latter word az minerals
would include op~n Uuarrying we'll as
<Gbtrrranesn working
The court concludes that The rule is that
a grant or an exception of mine rails will
include all inorganic substances that can
he taken from the land and that 10 restrict
The meaning 81 the tenn there must he some
qualifying words or language eyidcncing
that the parties contemplated something
loss general than all substances legally
recognizable a. minerals conclude.
therefore. 'ha' IN Mickham's deed 20 Otis
every mineral was excepted but the sur
I.cc limestone that D'Is. grantees and
successors took only IN. surface of The
land including it, limestone and that the
ownership Of both estates IN the soil and
tn IN. minerals Is in the plaintiff