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Supreme Court of Ohio - Case No. 2020-0812 Peppertree Farms, L.L.C. v. Thonen Expand
 
 
October 6, 2021
10-06-2021
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Supreme Court of Ohio
 
Description
Peppertree Farms, LLC et al. v. Joy Ann Thonen et al., Case No. 2020-0812
Fifth District Court of Appeals (Monroe County)

ISSUES:
- Does a document created prior to 1925 that severs oil and gas rights from surface property using the words "excepts and reserves," or "reserved and is not made part of the transfer," retain an existing interest in the minerals or create a new interest?
- Does an oil and gas severance document that "reserves" oil and gas rights actually "except" the rights, meaning the rights can be passed to the heirs without any additional words of the inheritance in the document?
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