Elkhorn City Land Company v. Elkhorn City

RAYMOND C. STEPHENSON, Special Commissioner.

The parties herein are disputing the extent of the rights granted by the appellant land company to the appellee city in a deed of October 26, 1943, which contained the following covenants pertinent to this dispute :

1. “The property herein conveyed is to be used for waterworks purposes only, and when abandoned as such is to revert to party of the first part herein, its successors or assigns.”

2. “The coal, oil, gas and minerals and mineral substances with free right to mine, and market the same, are not conveyed in this deed.”

Soon after the date of…