On June 25, 1940, defendant in error Sayre gave a special warranty deed to one Carleno in conveyance of the surface rights in and to 240 acres of land in Gilpin county, Colorado, more particularly described as the SE ¼ the SE ¼ of the NE ¼ and the SE ¼ of the SW ¼ of section 32, township 1, S.R. 72 W. of the 6th P.M. This deed contained the following reservation:
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