Shell Petroleum Corporation v. Ward

HUTCHESON, Circuit Judge.

The suit was for the title and possession of 5.6 acres of land, occupied by a right of way for an irrigation canal. The claim was that though included within the metes and bounds, it had been excepted out, of a conveyance plaintiffs had made. The defense was that referred to in the deed as “taken up by the rights of way of the Neches Canal Company’s lateral” it had been excepted not from the conveyance, but only from the warranties.

The District Judge took plaintiffs’ view as to the construction and effect of the instruments in question, the right of way deed from the…