Gelfius v. Chapman

The plaintiffs, Floyd E. Gelfius and Laura M. Gelfius, appeal from the judgment of the circuit court of Hamilton County denying their title to all the coal and coal rights underlying an 80-acre tract. The trial court found that the defendants Kenneth Chapman and Pauline Chapman had effectively reserved a one-fourth interest in all minerals in their conveyance of November 6, 1951, to Mark Ferguson and Edna Ferguson.

On November 6, 1951, Kenneth Chapman and Pauline Chapman conveyed title to the 80-acre tract by warranty deed to Edna Ferguson and Mark Ferguson. The deed excepted an undivided…