Hosbach v. Head

CLAY, Commissioner.

This action to quiet title involves the proper construction of an exception in a deed. The bone of contention is the right to gas and oil underlying the tract involved.

In 1919 the owner, one R. L. Head, conveyed fee simple title to the property. After the description appears the following:

“The coal rights under this land is not conveyed with this deed as same was sold by R. L. head to henry Walker as of record in deed book 61 at page 539.” (Our emphasis.)

*685The habendum clause contained the following- :

“With covenant of general warranty of title, except as to the coal and…