Lake Erie & Western Railroad v. Priest

October 16th, 1879, the appellees, who are husband and wife,executed to the Lake Erie and Western Railway Company a deed, conveying a strip of land for right of way across lands then and still owned in fee simple by the husband.

The deed contained the, following recital as to consideration :

“ For and in consideration of the construction of the railway of the company hereinafter named, and the sum of one hundred and fifty-six and dollars to. them in hand paid by the Lake Erie and Western Railway Company.”

*414Immediately following the description of the land was the following:

“ Provided, that said…