Fisher v. CID Copper Mining Co.

This action was heard at the February Term, 1886, of this Court, and the judgment below was affirmed. It is now before us upon a petititon to rehear, ‘ because,” as the petition sets forth, “ the decision there made proceeds exclusively ' upon the doctrine of estoppel, and its want of application to the case. The plaintiffs did not contend that the record called for an application of the doctrine of estop-pel ; but they did contend for an application of the presumption, or rule of evidence, that where a grantor makes a valid exception in a deed of conveyance, the thing excepted remains the…