Lundberg, Admx. v. Bovaird

Opinion by

Linn, J.,

’By a deed made in 1920, the owners of a farm in Jefferson County did “grant, bargain and sell unto the said second parties, their heirs and assigns forever all the coal underlying” a certain part of the John Bovaird farm. The grantees were Albin Lundberg, Emil Lundberg and Joseph Bovaird; the Lundbergs were brothers, and one of them was brother-in-law to Bovaird. The deed also granted the right to mine and remove coal without leaving surface support, etc., etc. The grantees agreed to pay on a royalty basis for coal mined, with provision for a minimum of $300 per year; in…