Post v. Bailey

Maxwell, Judge:

Plaintiffs appeal from a decree of the circuit court of Barbour County sustaining demurrers to their bill and dismissing the same.

Two major questions are involved. The first pertains to haulage of coal. It arises in this way. In 1900 John C. Cleavenger and wife conveyed to Henry G. Davis all the coal underlying a tract of 330% acres of land in Barbour and Taylor Counties. The deed contains the following paragraph:

“It is further expressly understood and agreed by the parties of the first part that the party of the second part his heirs and assigns shall have the right to enter…