Lindsay v. Texas Iron & Steel Co.

(after stating the facts as above). The suit was commenced and prosecuted on the theory, it seems, that the conveyance from the Elliots to the Texas Iron Ore Company was not of the absolute title (as it purported to be) to the iron ore, but of the title conditioned on said company’s beginning the work of mining and removing the ore from the land within a reasonable time and thereafter continuing such mining and removal with proper diligence. As showing that to be the meaning of the instrument evidencing the conveyance appellant pointed to the recitals therein that the consideration was $1…