Montgomery v. Mann

On the 23d day of September, 1896, the plaintiff exchanged three and one-fourth acres of land to the defendant for certain, city lots, each property being improved, and subject to incumbrances of about equal amount. The land is underlaid with a vein or stratum of coal, and in this suit, begun March 1, 1901, the plaintiff asks the deed of conveyance to defendant be so corrected that said coal shall be excepted therefrom and retained by plaintiff. Previous to the negotiations which resulted in an exchange, the plaintiff and defendant’s husband had entered into an agreement under which defendant…