Johnson v. Elkhorn Gas Coal Mining Co.

Opinion op the Court by

Judge Carroll

Affirming.'

In 1913, J. J. Johnson and his wife sold and agreed to convey to the Beaver Creek Fuel Co. a tract of land containing 116 acres. The contract contained this condition :

“There is a reserve of one-fourth of an acre square around a graveyard on the hillside.”

*677Pursuant to this contract, Johnson and his wife, shortly afterwards, and in the same year,’ executed a deed to the Beaver Creek Fuel Co." for the land described in the contract, and this deed contained the stipulation that “There is excluded from the above described tract ‘the following…