Central Bank & Trust Co. v. Wyatt

The controversy arises upon a proceeding brought before the clerk for the sale for partition of a mineral interest in land. On 17 July, 1877, J. W. Higgins and his wife executed and delivered to Edward E. Wilson a deed conveying a tract of land containing about two hundred acres with this habendum: “To have and to hold . . . with the exception of one-half of all the mineral found upon the premises, which is hereby expressly reserved by the parties of the first part.” It is admitted that the plaintiffs have succeeded to whatever title J. W. Higgins had in the minerals at the time of his death…