Johnson v. Elkhorn Gas Coal Mining Co.

*586Opinion op the Court by

Judge Clay

Affirming.

Daniel R. Johnson owned a farm on Left Beaver creek in' Floyd county. In the year 1904 he sold the coal and other minerals to the Northern Coal & Coke Company. On February 26, 1913, he' sold the surface to the Beaver Creek Fuel Company for $10,000.00, and he and his wife executed a written contract, by which they bound themselves later on to execute a deed conveying the property to the purchaser. The contract contained the following provision: “Grantor reserves about one acre around graveyard for a residence.” On May 15, 1913, Johnson and wife…