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ELK HORN COAL CORPORATION v. CASEBOLT

No. 5243.

38 F.2d 37 (1930)

ELK HORN COAL CORPORATION v. CASEBOLT.

Circuit Court of Appeals, Sixth Circuit.

February 6, 1930.

Attorney(s) appearing for the Case

Edward C. O'Rear, of Frankfort, Ky., J. Woodford Howard, of Prestonsburg, Ky., and Allen Prewitt, of Frankfort, Ky., for appellant.

Samuel M. Wilson, of Lexington, Ky., H. H. Smith, of Hindman, Ky., and Wilson & Harbison, of Lexington, Ky., for appellee.

Before MOORMAN and HICKENLOOPER, Circuit Judges, and HAHN, District Judge.

MOORMAN, Circuit Judge.

This case turns upon the construction of a mineral deed of July 23, 1903, from William Casebolt and his wife to the appellant's grantor. The granting clause purports to convey all coal, iron, oils, gasses, minerals, and mineral substances in a certain tract of land. Following this there is the phrase: "It is understood that there is an oil and gas lease on this tract of land, and grantor is to have the benefit of said lease." The lease which...

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