Ely v. United States Coal Coke Company

Opinion of the Court by

Creal, Commissioner-—■

Reversing.

This litigation arises ont of conflicting claims of respective parties to title to certain lands on Poor fork of Cumberland river in Harlan county. Primarily, the rights of the parties must depend upon the construction to be given to a deed executed by J. H. Coldiron and wife on January 26,1899, since to adopt the construction .contended for by appellees would result in a final determination of the case. So far as pertinent, the deed provides:

‘ ‘ This indenture made and entered into the 26th day of Jan., 1899, by and between J. H.…