Yandes v. Wright

On the 21st day of October, 1864, David Cornwell, the lessor, granted to the appellee and George Elbreg “the sole right to dig, mine, use or sell clay situated on the ” land described in the lease, “ (except such clay as the first party may dig for potter’s use).” Also the right to dig and mine coal on the same premises. Elbreg assigned his interest in the grant to the appellee, by which he holds the entire right under it.

On the 81st day of August, 1865, David Cornwell granted to Elberg, Montgomery & Co. a right in the same lands “ to have, hold and possess all the coal, iron, lead and all…