Faith United Methodist Church and Cemetery of Terra Alta, West Virginia, et al. v. Morgan, No. 12-0080, 2013 W. Va. LEXIS 691 (W. Va. Sup. Ct. Jun 13, 2013)

(declaratory judgment case in which oil and gas rights between subsequent owners were subject of dispute; issue stemmed from 1907 deed conveying surface only; trial court held precedent, Ramage v. South Penn Oil Company,  118 S.E. 162 (1923)required finding word "surface" ambiguous and extrinsic evidence should be used to determine meaning; on appeal, court held “surface” when used as a term of conveyance is not presumptively ambiguous and expressly overruled Ramage; 1907 deed unambiguous and to be enforced; result was that deed specifying "surface only" did not convey oil and gas interests).

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