COAL DEED
PITTSBURG or WHEELING VEIN In PROCTOR
CYRUS P. HUGGINS to J. LITTLETON DAWSON
Book 98, Pages 12-13 Admitted to Record March 6, 1906
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THIS DEED, Made this 22nd, day of February, A.D. 1906, between C. P. HUGGINS and LUELA {sic} HUGGINS, his wife, of Proctor District, Wetzel County, West Virginia, parties of the first part, and J. LITTLETON DAWSON, of Uniontown, Fayette County, Pennsylvania, party of the second part:
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of EIGHTEEN HUNDRED FORTY THREE & 05/100 DOLLARS ($1843.05), the receipt whereof is hereby acknowledged, do hereby grant and convey unto the said party of the second part, his heirs and assigns all the following described property, that is to say:
All that vein or seam of coal known as the Pittsburgh or Wheeling vein, and all other merchantable coal, except the surface vein, underlying that certain tract of
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land situated in Proctor District, Wetzel County, West Virginia, and bounded and described as follows, to-wit:
Beginning at a stone in a line of Albert Garner; thence North 18 ¾ degrees East 78.06 poles to a white oak stump; thence North 62 degrees East 22.90 poles to a poplar, a corner of land of Albert Garner; thence with same and lands of James L. Parsons {step-son of Cyrus' brother, Oliver} North 85 degrees and 05 minutes East 181.00 poles to a poplar; thence South 84 degrees and 40 minutes West 16.16 poles to a beech stump, a corner of land of the heirs of John Hafer; thence by the same South 27 ½ degrees East 20.50 poles to a stake; thence South 23 degrees and 05 minutes East 145.90 poles to a stone; thence South 62 ¼ degrees East 19.72 poles to a stone; thence South 29 ¼ degrees West 25.56 poles to a stake; thence South 57 ½ degrees West 16.62 poles to a stake; a corner of land of Zeri Paugh; thence by the same South 61 degrees and 40 minutes East 42.44 poles to a red oak; thence North 86 ½ degrees East 34 poles to a stake a corner of land of J. W. Yeater; thence by the same North 2 degrees and 50 minutes East 55.90 poles to a sugar, a corner of land of the Henry Heirs; thence by the same South 45 degrees West 24.20 poles to a stone; thence North 42 ¼ degrees West 29.76 poles to a sugar; thence South 49 degrees West 9.20 poles to a stake; thence North 37 degrees West 13.00 poles to a stake; thence North 61 degrees East 12.88 poles to an elm; thence North 52 degrees East 20.76 poles to an elm; thence North 72 ¾ degrees East 22.32 poles to a beech; thence North 45 degrees and 40 minutes East 30.90 poles to the place of beginning, containing ONE HUNDRED TWENTY TWO & 87/100 (122.87) ACRES, according to a survey made thereof by J.C. Webster, Surveyor, November, A.D. 1905; and being composed of a tract of 114 65/160 acres, being the same tract of land assigned to the said Cyrus P. Huggins vs. John W. Henry and Anna L. Henry, by decree of the Circuit Court of Wetzel County, West Virginia, rendered on the 11day day of April, 1905; and 7 1/6 acres conveyed to the said Cyrus P. Huggins by Zeri Paugh and wife, by deed dated October 14, 1905, and recorded in Deed Book No. 94, page 242, Wetzel County records.
TOGETHER with all the rights and privileges necessary and useful in the mining and removing of the said coal, including the right of mining the same without leaving any support for the overlying strata, and without any liability for any injury which may result to the surface from the breaking of said strata; also the rights of ventilation, drainage and of access to and aggress from, all mines by means of electric, steam rail or other roads for men and materials; the shafts or openings for such purposes, however, to be in the ravines and waste places of said lands as far as possible without inconvenience or loss to the second party. Said openings not to be nearer than ten rods to the said principal buildings thereupon, without consent of the first party; any surface ground required for said shafts or openings, or machinery, ways, roads, houses for employees, &c., may also be taken but shall be paid for before being occupied at the rate of Two hundred dollars per acre, which payment shall thereupon entitle the party of the second part, his heirs or assigns, to a deed in fee for the same. Also the right of mining, ventilating, draining and transporting the coal of other lands through the mines and openings in and upon and over the said land of the party of the first part.
The party of the first part reserves the right to lease and drill for oil and gas and other minerals through said coal, and shall not be liable for any damages done thereby.
And the said parties of the first part do hereby covenant and agree to and with the said party of the second part that they have good right and title to the coal and mining and surface rights and privileges hereby conveyed, and that they will warrant the same generally.
Witness the following signatures and seals
C. P. Huggins (seal)
Luela Huggins {sic} (seal)
