The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-01-26

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privilege Of operating and removing
said coal without being Liable for any
damage to said land for the mining
and removing of the same, and .tos-
yether with the right to remove
the coal from adjacentsald cotermin-
Gus lands through ana under said
above described land. But there Is
excepted and reserved therefrom III
all of that part Of said veta of coal
which is beneath the dwelling house
now on said, tract ofAand, which shall
not be removed; and there Is further
excepted and reserved therefrom (2)
the right to drill through said coal
Tor oil and gas, together with all the
rights and privileges granted by Mar.
cellus p. Thompson in and by anIoll
and gas lease on and to said tract Of
land, which he the said Thompson
'theretofore made prior to the 9Th day
Of February, 1911. 1t Is ,coyenanted
and agreed that when mining opera
lions at the mine commonly known
as the o'Gara Mine, In the County
and State aforesaid, ehull have been
permanently discontinued by said, Jenz
kins, or his heirs, executors, admins
said Jenkins. or his heirs, executors,
personal representative, successors or
assigns, will. on request, convey or
cause to be conveyed to. said Thomp
son, his heirs or assigns, the vacant,
space created by the removal Of the
coal hereinhefore described in and BY
this paragraph. The coal mlrin
rights aforesaid are the same hereto
fore conveyed to Thomas j. Z0'Gara by
aid Thompson and wife by deed bear
.ng date on February s, 1911. of record
IN said office in Deed Book No. 1871,
page 127,
81 All Of the residue Of the term in,
Of and to that certain leasehold es-
ate In, of, upon and, to all Of the Goa
n, upon and underlying a certain
:ract Of land containing 662.S5 acres
more. or less, Lying and being on the
waters OF Limestone Creek. in the
District, County and State aforesaid,
which said leasehold estate was orig
lnally created by d deed of,lease bear.
ing date on August I, 1901, made ny
Wolf Summit Coal Company to j. II.
Scion and g., T. Lowery, OF record in
Satd office in Deed Book No. 125, page
3oS; and which leasehold estate and
che estate In and by said deed ,of
lease so created us aforesaid, were
ny said Scion and Lowery3 conveyed
20 The Solon-loweryt Coal Company.
oy deed bearing date on December II
1901, of record in said office in Deed
Book No. 1875 page $50, and which
teasehold estate was thereafter by
deed bearing date on May, g, 1904, OF
record in said office N Deed Book Nc.
l42, page IA, conveyed by said The
Solon- Lowery Coal Company to Thorn
as j o 'Garav together9w the uppur-
;enaces to the said eleasehold estate}ii
any wise belonging or pertaining. &
IN 4. All of ther residue of the term IN
of and to certain leaseh 6ldE estate In.
OF, upon and to all OF the coal, In, upon
and underlying a tract of land OF 20,(
acres, lying and being on the wa ters
OF said Limestone Creek. In the Dis
trict, County and State aforesaid. arlGI
adjoining the tract of land. described
IN the paraguay h.next preceding, whicl
said leasehold estate, was created by al
deed of lease bearing date, on March
lS. 1904, mad by said The Wolf SUM
NIT Coal Company to said The Solon-
Lowery Coal Company, Of record In
said office In Deed Book No. l42, page
lao. and which said lleasehoid estate
and the estate therein and thereS
created, was thetea fter conveyed By
said The Solon- Dowery Coal CompanyI
TO said Thomas. j. o,Gara,. by deed
bearing date on May 6, 1904, of record
IN said office in Deed Book No. l42,
page Az together with the appur-
tenahces to the said leasehold estate
in anyWise belonging OF pertaining.
o. That certain, mining plant and
equipment including miners houses,
store room, blacksmith shop, engine
house and equipment, and tipple and
Hpple machinery, equipment and
connections, mine cars, tracks and ALI
other equipment, machinery, houses,
structures fixtures, furniture, office
and mine supplies and materials, all
live stock, and all other property and
assetsc excepting only accounts receiV-
able aud cash IN bank, forming part
Of. and used in connection with, and
IN and about the mining plant of said
Jenkins. commonly called the o, Cara
Coal Mia Plant, near Raynold sviiIe,
as the same were by deed or the s tfi
day, of Qctohet 19lg, from Thomas