English v. Harris Clay Co.

From plaintiffs’ evidence it appears that they bought of Eli Sparks the surface estate in the small parcel of land described in the pleading, subject to a prior grant of the mineral rights therein and right of mining the same, now held through mesne conveyance by the defendant. The exceptions and reservations noted above were intended to protect the prior grant.

The plaintiffs claim that it was not known at the time that there were any minerals on or within the land. They wére, however, put on notice by the exception and reservation that there might be such minerals, and cannot plead, in…