Gallin v. Combs

PALMORE, Judge.

By two separate deeds executed in 1944 and 1945 five 'of the six children and heirs of the late Ida B. Long conveyed to Berry Combs and his wife, Dovie, their undivided five-sixths interest in some 1,100 acres of land in Breathitt County inherited by them from their mother. Each of the deeds contained the following mineral exception:

“There is also reserved and excepted from this conveyance a one-sixteenth of all minerals on or under said land herein conveyed.”

Subsequently a partition was effected between Combs and wife and the remaining heir, A. L. Gambill, Jr., who owned a ⅛…