(Download) "Cornett v. Louisville & Nashville R. Co." by Court Of Appeals Of Kentucky # Book PDF Kindle ePub Free
eBook details
- Title: Cornett v. Louisville & Nashville R. Co.
- Author : Court Of Appeals Of Kentucky
- Release Date : January 30, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
VAN SANT, Commissioner. On January 4, 1923, Joe Cornett and wife deeded to the Kentucky River Coal Corporation certain minerals under a tract of land containing 58.75 acres. In addition to the minerals, they deeded so much of the standing timber on the property as was deemed by the corporation to be necessary or convenient for mining purposes, and the exercise and enjoyment of any and all the property rights and privileges conveyed. In addition thereto, they conveyed (in the language of the deed), 'and the exclusive rights-of-way for any and all railroads, tram roads, haul roads and other ways, pipe lines, telephone and telegraph lines that may hereafter be located on said land by the parties of the first part (the Cornetts), their heirs, representatives or assigns, or by the party of the second part (Kentucky River Coal Corporation), its successors or assigns, or by any person or corporation with or without the authority of either of said parties, their, or its, heirs, representatives, successors or assigns; and also the right to maintain, keep in repair and operate the same and said railroads, tram roads, haul roads, ways, pipe lines, telephone and telegraph lines; * * *.' The deed was made pursuant to an agreement entered into by the parties on the twenty-first day of October, 1922, by which Joe Cornett and his wife bound themselves to convey the property rights and privileges aforesaid, included in which (in the language of the contract) were, 'and the exclusive rights-of-way for any and all railroads and ways and pipe lines that may hereafter be located on said property by the 'Grantee', its successors or assigns, or by any person or corporation under authority of said 'Grantee', or assigns in, of, under, concerning or appurtenant to the hereinafter described tract of land, * * *'. The contract, and all other antecedent negotiations in respect to the rights of the parties were merged in the deed when executed and delivered to, and accepted by, the grantee. That being true, we must look alone to the language of the deed to determine the intention of the parties. Allen et al. v. Henson, 186 Ky. 201, 217 S.W. 120. The deed was recorded in the office of the County Clerk of Perry County, wherein the land was situate, on the eighteenth day of January, 1923. On February 27, 1933, appellant, by deed, succeeded to the rights of Joe Cornett and his wife to that portion of the 58.75 acre tract over which the railroad hereinafter referred to is proposed to be constructed. The Coal Corporation granted to its co-appellee, the Louisville & Nashville Railroad Company, a right-of-way over a portion of the boundary of land described in its deed from the Cornetts, and, at the Coal Corporation's instance, the Railroad Company has undertaken the construction of a railroad on the right-of-way. It is insisted that it was the intention of the parties that the right-of-way was to be limited in its use to removing coal mined on the property conveyed by the deed, and that it could not be transferred to the Louisville & Nashville Railroad Company, because the latter proposes to use the railroad for all purposes incident to its business as a common carrier.