120 Iowa 609 | Iowa | 1903
On the 23d day of September, 1896, the plaintiff exchanged three and one-fourth acres of land to the defendant for certain, city lots, each property being improved, and subject to incumbrances of about equal amount. The land is underlaid with a vein or stratum of coal, and in this suit, begun March 1, 1901, the plaintiff asks the deed of conveyance to defendant be so corrected that said coal shall be excepted therefrom and retained by plaintiff. Previous to the negotiations which resulted in an exchange, the plaintiff and defendant’s husband had entered into an agreement under which defendant was to
Possibly plaintiff supposed the coal was to be excepted in the deed, for he had previously arranged to lease it to the Keystone Coal Company. But, to justify the reformation
Evidence of the husband’s admissions, alleged to have been made long subsequent to the transaction, was not
It seems to be ’ thought that, as the coal was to be excepted under the memorandum, signed by her husband, which she repudiated, and nothing was said of the coal