Ayers v. Buswell

This action was instituted to secure the reformation of a contract and the specific performance of the contract as reformed. The facts out of which the controversy arose are briefly as follows:

In 1908 R. B. Ayers made entry upon public lands of the United States including the south half of the southeast quarter of section 22, township 9 north, range 55 east, in Custer county, and in 1910 received a patent therefor, which patent contained the following reservations: “Reserving also to the United States all coal in the lands so granted and to it or persons authorized by it, the right to…