Asher v. Gibson

Opinion op the Court by

Judge Thomas

Affirming.

This action involves the title to the coal ancl other minerals under about fifty acres of land in Bell county and which is a part of a patent granted to Thomas Henderickson on the 15th day of May, 1823. The father of plaintiffs and appellees, James J. and T. S. Gibson, was a remote vendee of the patentee, and he died intestate some time prior to February 22, 1881, on which latter date plaintiffs conveyed the fifty acres of land to William North, but expressly reserved and excluded from that conveyance all of the minerals underlying the tract. By…