Deeds — Reservation — Coal vein — Identification — Description — Evidence.
In a proceeding for triple damages for mining coal in a reserved tract, in which it appeared that plaintiff's predecessor had conveyed the coal under many acres of land to defendants' predecessor by deed which "reserved and excepted . . . the coal of bed 'C' of a plot of five acres around the coal bank now opened on said tract of land, the said vein being known and designated as coal bed 'C' ", and which described the reserved five acre tract by metes and bounds, it was Held that plaintiff had failed as a matter of law to establish that not the precise vein of coal mentioned in the reservation was meant but another vein which was commonly mined in the neighborhood.
OPINION PER CURIAM, January 7, 1952:
The order of the court below is affirmed on the opinion of Judge BRAHAM.