holder of the mineral
rights. The federal court provided the facts, circumstances, and allegations from
which the legal questions of ownership arise.
                                    The Leases
        {¶ 3} In 1958, Powhatan Mining Company severed the surface rights from
the mineral rights of a 90.2063-acre parcel located in Harrison County by
transferring the surface rights to Clarence and Anna Bell Sedoris and retaining the
oil, gas, coal, or other mineral rights for itself and its successors. Powhatan
transferred the mineral rights to North American Coal Corporation in 1959 when




      County in February 1974, but the leased rights eventually
reverted to North American Coal at the expiration of the lease term. The next
lease of mineral rights was recorded in 1984, but in 1989, the lease expired by its
terms, and the rights reverted again to North American Coal.
       {¶ 6} In 2008, North American transferred the mineral rights to North
American Coal Royalty Company (“Coal Royalty”) by quitclaim deed.
       {¶ 7} By the most recent lease, dated January 28, 2009, the lessor, Coal
Royalty, ultimately leased the mineral rights, following multiple assignments, to
Dale Property Services Penn, L.P., which then assigned its interest to the lessee
Ohio Buckeye Energy, L.L.C. Dale Property Services reserved a 1.25 percent
royalty interest, which it assigned to