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shown on the map of Surveyor Sinnett, made and filed in this cause, marked "Decree Map, Feb. 17th, 1888, "and made part of this decree; thence up and with the lefthand fork of said creek, as is shown on said map, to the point shown on said map by the letter "E," which is a corner of a survey of 100 acres then owned by the said William Miller, and also of the tract of 150 acres adjoining said Miller's survey, then owned by the said William H. Witten and R. C. Graham, both of which said tracts are laid down on said map; and thence, with the line of the said Miller survey of 100 acres, to six chestnuts, at the point shown on said map by the words "six chestnuts" and the letter "D."

"And it further appearing to the court that by the mistake and inadvertence of the drawer of said deed the calls thereof from the said two birches to the six chestnuts do not conform to and carry out the contract and intentions of the parties to said deed, or to the boundary lines thereof from the two birches to the six chestnuts, it is therefore adjudged, ordered, and decreed that the said lost deed of the said Chrispianos Belcher to the said Robert D. Belcher for the said 200 acres of land, more or less, be, and the same is hereby, set up as a muniment of the title of the plaintiff in this cause to the said 200 acres of land, more or less, a part of which said tract is in controversy in this suit, and it is to have the same force and effect as such muniment of title as if said deed were now in existence and of record, with the bound. ary lines of said tract of land from the two birches to the six chestnuts as hereinabove stated; and it is further adjudged, ordered, and decreed that the said mistake in the calls of the said deed of the said Robert D. Belcher to the said William H. Witten, bearing date the 23d day of December, 1852, from the said two birches to the said six chestnuts, be, and the same is hereby, corrected, and the said calls made to correspond with the contract and intent of the parties to said deed as follows:

"Beginning at two birches on Simmons croek, corner to Chrispianos Belcher's land, and running thence up and with said creek with William Miller's line to the mouth of the middle fork of said creek; thence up and with the left-hand fork of said creek to two spruce pines and a white oak, corner to said William Miller's survey of 100 acres; and thence with the line of said survey to six chestnuts, also a corner thereof,'-and that the said plaintiff be, and he is hereby, forever quieted in his title, possession, control, and enjoyment of the said two hundred acres of land, more or less, within the boundary lines of the said deed of Robert D. Belcher to said William H. Witten therefor as it is hereby corrected.

"And it further appearing to the court that the said William H. Witten and those claiming under him took and held the posBession of the said 200 acres of land, more or less, under his said deed from R. D. Belcher from the date thereof to the year 1884, claiming the same up to the line of Simmons creek, as herein stated, without question or objections by the said Chrisv.12s.c.-16

pianos Belcher, R. D. Belcher, or any other person; and it further appearing to the court that the defendant, Simmons Creek Coal Company,' was at the commencement of this suit, and still is, claiming a por. tion of the said tract of land of 200 acres, more or less, in defiance of the rights of the plaintiff, who is the true owner thereof, under the following-named deeds of record in the county of Mercer, iu this district, where said land is situate, to-wit: A deed from George W. Belcher & wife to Newton L. Reynolds, dated the 4th day of December, 1884; also a deed from George W. Belcher & wife to P. H. Rorer, dated February 25, 1885; also a deed from N. L. Reynolds to I. A. Welch, dated January 13, 1885; also a deed from I. A. Welch & wife to A. W. Reynolds, dated January 13, 1885; also a deed from I. A. Welch & wife to Simmons Creek Coal Company, dated February 28, 1885; also a deed from A. W. Reynolds to Simmons Creek Coal Com. pany, dated February 28, 1885; also a deed from P. H. Rorer & wife to Simmons Creek Coal Company, dated February 28, 1885; also a deed from N. L. Reynolds to Simmons Creek Coal Company, dated Febru ary 28, 1885; and that the said claim of said defendant and the said deeds and each of them constitute a serious and damaging cloud upon the title of the said plaintiff to so much of his said land as is covered by the said claim of the said defendant, 'Simmons Creek Coal Company,' under said deeds and each of them: It is therefore further adjudged, ordered, and decreed that the said deeds and each of them be, and they are hereby, set aside, vacated, and annulled, and the claim of the said defendant to the said lands so set up as aforesaid, under said deeds, be held for naught; and it is further adjudged, or. dered, and decreed that the said defendant, 'Simmons Creek Coal Company,' do pay to the plaintiff his costs by him expended and incurred in the prosecution of this suit, to be taxed, and that, if necessary, he may have execution therefor."

The map made part of the decree is given opposite. The coal company prosecuted an appeal to this court.

A. W. Reynolds, for appellant. J. H. Ferguson, for appellee.

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cember 13, 1883; and it also appears that Chrispianos Belcher gave a deed to Doran, dated April 2, 1885, of the 200 acres, describing the boundaries of the tract in accordance with Doran's contention.

The defendant claims title through a deed of Chrispianos to George W. Belcher, dated October 18, 1884, and various mesne conveyances set forth in the decree, and hereinafter referred to. Both parties claim, therefore, under Chrispianos Belcher.

The description of the tract of land in the deed from Robert D. Belcher to Willlam H. Witten is as follows: "All that tract of land, containing by estimation two hundred acres, be the same more or less, lying in Mercer county, on Simmons creek, waters of Bluestone, and [bounded] as follows, to-wit: Beginning at two birches on Simmons creek, corner to Chrispianos Belcher's land; thence up said creek with Miller's line S., 55° W., 120 poles, to six chestnuts, corner to Miller's survey; and with the same S., 35° E., 310 poles, to a double and single poplar, corner to said Belcher; and with the same N., 40° E., 250 poles, to the beginning.

By the decree the boundary line from the two birches to the six chestnuts was made to read: "Beginning at two birches on Simmons creek, corner to Chrispianos Belcher's land, and running thence up and with said creek with William Miller's line to the mouth of the middle fork of said creek; thence up and with the left-hand fork of said creek to two spruce pines and a white oak, corner to said William Miller's survey of 100 acres; and thence with the line of said survey, to six chestnuts, also a corner thereof."

Upon the hearing, the testimony of Robert D. Belcher, to whom, as alleged, Chrispianos conveyed, and who conveyed to W. H. Witten; of William Miller, referred to in the deed of Robert D. to Witten; of W. S. Witten, son of W. II. Witten; of Henry Sadler and others,-was introduced on behalf of complainant, together with divers deeds and maps. The deposition of Chrispianos Belcher, who was living in the state of Missouri, was not taken; nor was that of W. H. Witten, in respect of whom it was shown that his mind and memory had been declining for some years, and that his mental and physical condition was such as to render him unable to recall business transactions with certainty and accuracy.

It appeared from the evidence that in 1842 Robert D. Belcher and his brother Obediah purchased of James Hector 4,000 acres of land situated on the waters of the Bluestone, in the county of Mercer, Virginia, now West Virginia; that they agreed upon a division line, Obediah taking about 2,500 and Robert D. about 1,500 acres, and the land was surveyed and conveyed according to the agreed division; that the land was a part of a 500,000-acre survey granted by the commonwealth to Wilson Cary Nicholas, from whom Hector had purchased it; that Obediah sold 1,500 acres, part of his 2,500 acres, to Chrispianos Belcher, and that in the year 1844, Robert D. purchased of Chrispianos about 800 acres of this 1,500 acres, in consideration of one horse; that said 800 acres was

bounded on the east by Simmons creek, a tributary of the Bluestone, on the north by the lands of Obediah Belcher and others, on the west by the Wilson Cary Nicholas survey, and on the south by the 1,500acre tract conveyed to Robert D. by Hector.

It further appeared that after Robert D. purchased the 800 acres, Chrispianos and he were informed that there was a controversy or dispute about the west line of the Nicholas survey, as not running as far west as Hector claimed; that one Lybrook, a surveyor of Giles county, had some time before run said line and so located it as to leave out about 600 of the 800 acres, and about 500 acres of Robert D.'s 1,500-acre tract; and that when Chrispianos heard of this dispute he declined to make Robert D. a general warranty deed to that part of the 800 acres so brought into question, and, not having his titlebond for the land, Robert agreed to accept such deed for the portion not in dispute, and as to the balance both were to await the final establishment of said line. That thereupon Chrispianos made and delivered to Robert a deed with covenants of general warranty for the undisputed part, which was supposed to contain 200 acres, more or less, the metes and bounds of which were, Robert testified, as follows: "Beginning at two birches on Simmons creek; thence up said creek with the same, and leaving said creek upon the course south, 55 west, 120 poles, to six chestnuts mentioned, and thence with the said Lybrook line to a single and double poplar on the said division line between Obediah Belcher & myself; and thence with same to the beginning.

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In 1852 Robert sold the 200 acres, and also the land the title to which had been called in question, supposed to be about 1,100 acres, to W. H. Witten, and, as Chris-* pianos had not conveyed the 600 acres (part of the 1,100) to Robert, he joined Robert in the conveyance of the 1,100 to Witten.

This deed from Robert and Chrispianos was put in evidence, and bears date December 23, 1852, and thereby, in consideration of $35, the grantors conveyed 1,100 acres, more or less, "lying in Mercer county, Virginia, on the waters of Bluestone and Elkhorn, and bounded as follows, towit, viz.: Beginning at the north of Laurel, a branch of Bluestone; thence north, 27 W., in the line of the Wilson Cary Nicholas 500,000-acre survey, and with the same about E., 640 poles, to two birches; thence continue on the said line 280 poles to a double birch on said line; thence, leaving said line, north, 55 E., 294 poles, to six chestnuts; thence south, 35 east, 940 poles, to the beginning, "—making the triangular tract lying between the west line of the Nicholas survey and the Lybrook line, as delineated on the decree map.

On the same day Robert made the deed to Witten, the description in which is in controversy, intending, as he says, to convey the 200 acres which Chrispianos had conveyed to him; and Robert testified further that some time after this conveyance he and Witten were looking over some old land papers at Obediah's house

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and came across the deed from Chrispianos to Robert for the said 200 acres of land, and Robert then gave the deed, and money to have the same recorded, to Witten, and had not since seen it. It was stipulated that if Chrispianos conveyed the 200acre tract to Robert the deed was never recorded, and that diligent search had been made, and no such deed could be found.

It also appeared that at the time of Robert's conveyance Miller owned or claimed to be the owner of a tract of 600 acres lying east of and adjoining the 200 acres; that the line of this Miller tract ran up Simmons creek from the two birches called for in the deed of Robert to Witten; that Miller got this land from Obediah Belcher, and the west 300 acres of it was subsequently purchased by Henry Sadler. Miller was a brother-in-law of Chrispianos and George W. Belcher, Obediuh Belcher being his wife's father, and Robert D. her uncle; and, according to his testimony, he not only purchased from Obediah this 600 acres, which lay between Flipping creek and the main Simmons creek, and included what afterwards became the Henry Sadler land, but also owned 100 acres, which he purchased from Obediah and Chrispianos, lying at the head of the west fork of Simmons creek and north of the Witten land, which was afterwards conveyed by Chrispianos to George W.'s wife, Mary E., and by George W. and Mary E. to A. G. Belcher. The west line of this 600 acres purchased by Miller from Obediah commenced at the two birches on the main Simmons creek, and ran up to the latter's home place of 400 acres on the middle fork of the creek; the north line being the marked line between the 600-acre tract and Obediah's home tract; and the south line of Miller's 100-acre survey ran from the six chestnuts to Payne's line or Payne's corner on the left-hand fork of the creek.

By the testimony of W. Scott Witten it was shown that in 1852 his father, William H. Witten, was living on a tract of 400 acres of land, the title to which was in the latter, and on which he had resided, as he claimed, for 50 years, and witness had resided there with him ever since he was born, in 1848; that the tract of 1,100 acres conveyed by Robert D. Belcher and Chrispianos Belcher to William H. Witten, December 23, 1852, touched at its southern point the tract on which William H. Witten then lived; that the 200 acres joined and was bounded in part by the 1,100 acres; that William H. Witten took actual possession of the 1,100-acre tract by placing tenants on it, and paid taxes on that and on the 200 acres, and used the latter as a range for his cattle; that in February, 1877, W. Scott purchased the 200 acres at a judicial sale, which was confirmed, but he took no deed to the land, and he and his father thereafter claimed and exercised ownership over it together; that witness paid the taxes on the 200 acres for the last 15 years, during which it was owned by his father and himself; that he offered the land for sale to Powell and Sadler before he sold it to Doran, and sold it to the latter by the line from the

two birches of Simmons creek, up said creek to its forks, and thence up the west or left-hand fork to a white oak and pine on the south-west corner to a tract owned by his father and Payne, and thence either S. 50 or S. 55 west to the six chestnuts; that shortly after he purchased the 200 acres he bought an adjoining tract, and put a tenant on it, who ranged cattle for him on both places; that the 200 acres was in the woods as late as March, 1886, when his deposition was taken, "except what improvement has been put on by defendant, and not inclosed;" and that he never knew that Chrispianos Belcher or anybody else ever disputed the title of Witten to the 200 acres as claimed by him up to the line of Simmons creek, until the 25th of December, 1884.

And Robert Belcher testified that from 1844 to 1852, when he conveyed the tract to Witten, he claimed that the east line ran from the two birches up Simmons creek, with the meanders thereof, and that the north line left said creek with the course south, 55 west, 120 poles, to the six chestnuts; the chestnuts being a noted corner, as well as the two birches; and that he had never heard the line called in question until quite recently, when the railroad ran there, and the land became valuable.

The evidence is entirely sufficient to establish the existence and loss of the deed of the 200 acres from Chrispianos to Robert D. Belcher, and the inference is a natural one that, because of this deed, the 200 acres were not included in the conveyance by Chrispianos and Robert to Witten of the 1,100 acres. The reason for Chrispianos joining in that deed was that the 1,100 acres included 600 of the 800 sold by him to Robert; and, as Robert had sold not only the 1,100 but the 200 acres to Witten, it seems reasonable to suppose that Witten would have required a conveyance from Chrispianos to Robert if none such then existed.

The deeds to Witten of the 1,100 and the 200 acres bore the same date,-December 23, 1852, and were both drawn up by Witten in the presence of Chrispianos. The one was acknowledged by Chrispianos and his wife and Robert and his wife," and the other by Robert and his wife, before the same justices, on the same day, -May 7, 1853,-and both were ordered to be recorded at the June term, 1853, of the county court. All this is irreconcilable with the view that the title to the 200 acres was left outstanding in Chrispianos, and confirms complainant's contention to the contrary. In connection with the description in Robert's deed to Witten of the 200 acres, the description in the deed of the 1,100 acres must be considered. will be remembered that the north line of the latter tract ran from the double birch in the line of the Nicholas survey, "north, 55 E., 294 poles to six chestnuts," and that line, if projected east of the six chestnuts, would strike the left-hand fork of Simmous creek at a corner of Miller's 100-acre survey. In the description of the 200-acre tract conveyed by Robert to Witten the line beginning at the two birches on Simmons creek ran up said creek with Miller's

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line. Miller's line ran up that creek to its forks, and thence up what is styled the "middle fork" to the line of Obediah Belcher's home place, and thence east to Flipping creek; but the calls in the Witten deed are also for the line S., 55 W., and the six chestnuts, and these must be considered in determining how far Miller's line should be pursued. If it be followed to Obediah's line, and the six chestnuts are reached by a straight line west, this would disregard the S., 55 W., and embrace the land between the two forks, never claimed by Witten, or in his possession. This parcel contains, according to the proofs, 36 acres, and_passed by Chrispianos' deed to George W., and was presumably the tract he intended to convey when he gave that deed. Inasmuch, however, as the course of the north line in the deed from Chrispianos and Robert to Witten of the 1,100 acres, given simultaneously with the deed by Robert to Witten, is from the double birch in the west line of the Nicholas survey to the six chestnuts N., 55 E., 294 poles, and that is the same as the course reversed given in the deed from Belcher to Witten, if we reverse the calls in the latter deed, and run from the two birches to the double and single poplar, thence to the six chestnuts, and thence N., 55 E., 120 poles, to Simmons creek, and down said creek to the beginning, all ambiguity disappears, and all the calls are satisfied.

It is well settled that in running the line of a survey of public lands in one direction, if a difficulty is met with, and all the known calls of the survey are met by running them in the reverse direction, this may be properly done. Ayers v. Watson, 137 U. S. 584, 11 Sup. Ct. Rep. 201.

We conclude, therefore, that the court was justified in passing up the left-hand fork to Miller's survey.

The description of the tract in the deed of Chrispianos Belcher to George W. Belcher, October 18, 1884, is as follows: "A certain tract or boundary of land, supposed to contain seventy-five acres, be the same more or less, lying and being in the county of Mercer, state of W. Va., on the waters of Simmons creek, a branch of Bluestone river, and being a part of a survey purchased by Obediah Belcher of Jas. Hector in the year 1842, and a portion of the tract deeded by Obediah Belcher to Chrispianos Belcher, and bounded as follows, towit: Beginning at two birches on the west bank of Simmons creek, corner to William H. Witten; thence with said Witten's line to six chestnuts, corner to A. G. Belcher, on a ridge; thence north, 50 E., 112 poles, to a white oak and two pines on a branch of Simmons creek, corner to Witten and Graham-Payne tract; north, 85 E., 134 poles, with the Payne line, to two pines and a white oak on another branch of Simmons creek, corner to four hundred acres deeded by said Chrispianos Belcher to Obediah Belcher; thence down Siminons creek, with the meanders thereof, to the beginning."

As we have seen, Witten's line was the same as Miller's line, at least to the forks of the creek, but it is contended on appel. lant's behalf that the true line was a

straight line from the two birches to the six chestnuts. The difficulty with this contention is that it entirely ignores Simmons creek, Miller's line, and the course S., 55 W., and the distance of 120 poles, called for in the deed to Witten. Nor is it consistent with the evidence and the reason of the thing to assume that Chrispianos, in selling the 800 acres to Robert, undertook to make such a line its eastern boundary, rather than Simmons creek,-a *natural boundary in itself. The land was* worth so little in 1844 that precision of that sort is hardly supposable, and there is nothing to indicate that Chrispianos, Robert, or Witten ever entertained the idea that the_tract stopped short of Simmons creek. In fact, Robert and Witten, and those claiming under them, always claimed up to the creek, down to and after October, 1884. The circuit court was not compelled to adopt the straight line, and to have done so would have violated the rule, which prefers natural and ascertained objects, and disregarded the other calls.

The argument is made in the answer of the coal company that because, in the deed of Robert to Witten, the 200 acres is described as beginning at two birches on Simmons creek, corner to Chrispianos Belcher's land,' this recognized “that Chrispianos Belcher owned at that time the land down to the two birches, and which is now the land of this respondent." But the proofs show that in 1848 Robert D. Belcher conveyed to Chrispianos 640 acres, parcel of the 1,500 acres conveyed to him by Hector, and this 640 acres cornered on the two birches in question, and was subsequently, in 1856, conveyed by Chrispianos to Henry Walker. The two birches were at the south-east corner of the 200 acres, and the north-west corner of the 640-acre tract, and this disposes of the inference suggested.

It is also urged that the description in the deed of W. H. and W. S. Witten and Graham to Doran of November 5, 1881, treated the 200 acres as if it were part of the 1,100 acres, and that Doran's title is thus shown not to be under the lost deed, and in fact not to extend to the 200 acres at all. We do not so understand that description. By that conveyance, a moiety of the Payne tract was conveyed, as well as the 200 acres, and the description, ran: "All that certain tract, piece, or parcel of land situate on the south side of the dividing ridge and on Simmons creek, in Mercer county aforesaid, and containing two hundred acres, more or less, bounded on the north by the tract of land next hereinafter described, on the east by the lands of Henry Sadler and lands of the heirs of Henry Walker, on the south by lands of G. W. Perdue, and on the west by other; lands of the said W. H. and W. S. Witten, the balance of a larger tract of eleven hundred acres, hereinafter more particularly described, being the eastern part of the said large tract of eleven hundred acres which Robert D. Belcher et ux. et al., by deed dated L'ecember 23, 1852, and record. ed in Mercer county, in Deed-Book No. 3, page 523, &c., granted and conveyed unto the said W. H. Witten in fee; and, a por

tion of the lands of the said W. H. Witten having been seized, taken in execution, and sold under a certain proceeding instituted against him in the circuit court of Mercer county aforesaid at the suit of the Bank of Princeton, the said W. H. Witten purchased the same, and is about to receive a deed therefor." And then follows the description of the Payne tract as bounded on the south by lands of Sadler and the tract of land above described. The land lying on the west belonged to the Wittens as stated, and might well enough be described as the eastern part of the 1,100acre tract, but it would be an inadmissible construction to make the 200 part of the 1,100 acres, particularly in view of the fact, as elsewhere shown, that the 200 acres had been sold by proceedings against W. H. Witten, and is thus identified.

Allusion is also made to the fact that the 200-acre tract as described in the deed to Witten turned out on actual survey to contain 357 acres, but the conveyance was of 200 acres "by estimation;" and, moreover, the western boundary in that deed was the line from the six chestnuts S., 35 E., 310 poles, to a double and single pop. lar, corner to Robert Belcher, instead of the Lybrook line; thus throwing into this conveyance the land between these two lines as shown upon the map. This was not material as between the parties, as, although Chrispianos had not up to December 23, 1852, conveyed the 600 acres to Robert, yet he did then, with Robert, con. vey them to Witten so that the latter, by the two deeds, got the whole 800 acres, though that part in the 1,100 acre tract may have failen short of 600, while the 200-acre tract ran over. If the 1,100-acre tract contained, as testified, 778 or 825 acres, and the 200-acre tract 357 acres, that would be between 1,100 and 1,200 in all, instead of the 1,300, more or less, which the Wittens undertook to convey.

The differences in quantity resulting from taking the areas as estimated and supposed, rather than accurately platted and calculated, could hardly excite remark, while the growth of the 75 acres in the deed of Chrispianos to George W. into 176 acres might, perhaps, as the record stands, invite some explanation.

We regard the evidence as clear and convincing in establishing the lost deed, and the facts which sustain the action of the district court in correcting the line.

The jurisdiction of equity to reform written instruments, where there is a mutual mistake, or mistake on one side and fraud or inequitable conduct on the other, is undoubted; but to justify such reformation the evidence must be sufficiently cogent to thoroughly satisfy the mind of the court. Fishack v. Ball, 34 W. Va. 644, 12 S. E. Rep. 856; Railroad Co. v. Dunlop, 86 Va. 346, 10 S. E. Rep. 239.

The general doctrine is not denied, but it is contended that the effect of the correction of the deeds (if the lost conveyance contained an identical description) is to enlarge them so as to include more land than they originally embraced, and that this renders the action of the court obnoxious to the statute of frauds.

Glass v. Hulbert, 102 Mass. 24, is cited

to the proposition that, although the principle maintained by Chancellor KENT in Gillespie v. Moon, 2 Johns. Ch. 585, that relief in equity against the operation of a written instrument, on the ground that by fraud or mistake it did not express the true contract of the parties, might be afforded to a plaintiff seeking a modification of the contract as well as to a defendant resisting its enforcement, is well settled, it cannot be extended to enlarge the subject-matter of a contract, or to add a new term to a writing, by parol.

We need not enter upon a discussion in this regard here, as the deeds themselves furnished the means of making the correction, and the statute of frauds was not pleaded.

The coal company insists, however, that it occupies the position of a bona fide purchaser for value without notice, and as such is entitled to the protection of the court. No evidence whatever was ad-s duced on behalf of the defendants, and, al*though George W. Belcher, N. L. Reynolds, and P. H. Rorer answered under oath, they were not required to do so, and their answers were not evidence in their favor, under the amendment to the forty-first rule in equity.

Reference to the appendix to the acts of the legislature of West Virginia of 1885 (pages 446, 447) shows the certificate of incorporation of the company, from which it appears that the agreement required under the statute in order to form a corporation was delivered to the secretary of state of West Virginia on the 16th of January, 1885, on which day the company, as the secretary certifies, became a corporation. The subscribers to the agreement were P. H. Rorer, I. A. Welch, N. L. Reynolds, A. W. Reynolds, and George W. Belcher; and the agreement states that these five corporators had subscribed the sum of $250, being one $50 share each, and had paid on the subscriptions the sum of $25. It is through these corporators that the company claims title, and the record discloses that Welch was its president. Associated together to carry forward a common enterprise, the knowledge or act. ual notice of all these corporators and the president was the knowledge or notice of the company, and, if constructive notice bound them, it bound the company.

The conveyances were as follows: December 4, 1884, George W. Belcher conveyed to Newton L. Reynolds the undivided five-eighths of the tract of land claimed by the company, and on the 23d of Febru. ary, 1885, George W. Belcher conveyed to Rorer the undivided three-eighths of the tract. January 13, 1885, N. L. Reynolds conveyed two-eighths of his five-eighths to I. A. Welch, and on February 28, 1885, he conveyed the remaining three-eighths to the company. January 13, 1885, Welch conveyed to A. W. Reynolds an undivided one-eighteenth of the tract, and the remaining portion of the two-eighths couveyed by N. L. Reynolds to Welch the latter conveyed to the company on February 28th, while on the same day A. W. Rey. nolds conveyed the one-eighteenth afore. said, and Rorer and wife the three-eighths. The deeds of N. L. Reynolds to Welch;

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