Bulletin 61 Abstract of Current Decisions on Mines and Mining

CONVEYANCE OF COAL IN PLACES. Coal or other mineral in place may be granted and conveyed as land, separate and apart from that which underlies or overlies it. Board, etc., of Greene County v. Lattas Creek Coal Co., 100 Northeastern, 561 (Indiana), January, 1913. MINERALS SUBJECT OF GRANT. Coal, mineral, and stone under the surface of the earth are the subject of grant and exception, and when excepted in a deed become a separate and distinct inheritance. Gordon v. Million, 154 Southwestern, 99 (Missouri), February, 1913. CONVEYANCE BY ONE COTENANT. One cotenant of land can not make a valid conveyance as against his cotenants of the minerals therein and a right to the small timber on the surface necessary for mining purposes with easements and full rights of way over the premises by the construction of roads, tram- ways, or railroads for the purpose of extracting, storing, handling, and shipping the mineral products. Ball v. Clark, 150 Southwestern, 359 (Kentucky), November, 1912. CONTRACT OF SALE COVENANTS RUNNING WITH LAND. Where a deed was made pursuant to a contract for the sale of certain copper-mining property at an agreed price, and at the same time and as a part of the same transaction a written agreement was