Squires v. Lafferty

Litz, Judge:

The plaintiffs by their bill allege that H. P. Brooks, being the owner in fee of 137 acres of land situated on the waters of G-uyan river, in Wyoming county, by deed of August 23, 1913, conveyed to Jackson Lafferty “the surface” of 31 acres thereof, reserving and excepting “the privilege and right of mining all mineral under said surface”; and Jackson Lafferty and wife, by deed of September 21, 1916, conveyed to the plaintiff, Andrew Squires, 27.95 acres of the 31 acres of surface.

That by deed of February 23, 1914, H. P. Brooks conveyed to IT. G. McGraw “the surface only” of…