Witten v. Damron

Opinion op the Court by

Judge Thomas

Reversing.

On September 27, 1879, John Damron and wife conveyed to Christian Damron, vendor’s brother, a tract of land in Pike County, Kentucky, containing 70 acres. The deed contained this reservation, or exception: “Coal mineral excepted, with exceptions of what grantee wants to use on the farm the said grantor to pay all damages that may be done the farm in getting the coal out, * * By mesne conveyances appellants acquired title to the tract, after which they executed, in 1926, an oil and gas lease to Ivy ton Oil and Gas Company. No development was made…