128. Implied right to withdraw support.

The right to withdraw support may be conferred upon the mine owner by express words1, but very frequently it arises by implication. Thus where the surface is transferred excepting the mines underneath, or the mines are transferred excepting the surface, it is a question of construction of the instrument of severance in each case whether by the express language of the transfer or exception, or by the general effect and intent of the instrument, there is a power to interfere with the support of the surface. The intention is to be gathered from the language of the instrument as