Payne v. Fitzwater

Woods, Judge:

This cause involves the sufficiency of a bill on demurrer. The circuit court of Nicholas county sustained the demurrer and certified its ruling to this Court for review.

The bill, in substance, alleges that Jefferson and John A. Grose, owners, in fee, of a tract of 1800 acres of land in Jefferson district, Nicholas county, did convey to T. S. Robson, plaintiffs’ predecessor in title, by deed bearing date of September 9, 1872, 1200 acres of said tract in fee, “together with the coal and mineral on all the lands which the said Jefferson and John A. Grose reserves and lives on,…