41 Iowa 224 | Iowa | 1875
Only one question properly arises upon the record- before us, and that is as to the proper construction of the deed from the plaintiff to one Josiah Lydieh, for the land from beneath which the coal in controversy was taken, it being conceded that, if the plaintiff is entitled to recover, the amount of the judgment is not too much. The deed is as follows:
“Know all-men by these presents, that we, Alexander Wiley*226 and Elizabeth Jane Wiley, his wife, of the County of Jefferson,' and State of Iowa, for the consideration of one hundred dollars, do hereby convey to Joseph Lydieh, of the County of Jefferson, and State 'of Iowa, the following tract of land, situate in Jefferson County, State of Iowa, and described as follows: The east half of the east half of the southeast quarter of the northeast quarter of section No. (32) thirty-two, in township No. seventy-three, north of range No. nine west, containing ten acres.
_ m The said Wiley reseas a setain Coal Banks thats is on the a said described land in said soil.
“And we warrant the title against all parties whomsoever. Witness our hands this first of April, 1854.
[Signed] Alex. S. Wiley,
Elizabeth J. Wiley.”
“Charles David.”
The language of the exception in this deed is very inartificial in its construction, and the orthography is bad; but we. think
The judgment of the District Court will be
Affirmed.