Pond Creek Coal Co. v. Day

Opinion of the Court by

Judge Thomas

Reversing.

On August 12, 1884, Asa Runyon and wife executed a deed ‘c’o their son, Jacob Runyon, and his wife, to a tract of land in Pike county, Kentucky, containing about four hundred acres, but described in the deed as con-, taining about three hundred and fifty acres. The deed contained this clause: “The party second is bound to not sell said land during said Asa H. Runyon’s life time without his consent, party of the second part.”

On May 18,1889, Jacob Runyon and wife conveyed to .Arthur Bright, trustee, all of the coal and mineral under one hundred and…