Mr. Homer W. Williams for Kuhn.

[215 U.S. 349, 351] Messrs. Edward A. Brannon, Z. Taylor Vinson, and Vinson & Thompson for the Fairmont Coal Company.

[215 U.S. 349, 353]

Mr. Justice Harlan delivered the opinion of the court:

This case is here on a question propounded under the authority of the judiciary act of March 3d, 1891, relating to the jurisdiction of the courts of the United States. 26 Stat. at L. 828, chap. 517, 6, U. S. Comp. Stat. 1901, p. 549. The facts out of which the question arises are substantially as will be now stated.

On the 21st day of November, 1889, the plaintiff, Kuhn, a citizen of Hoio, sold and conveyed to Camden all the coal underlying a certain tract of land in West Virginia of which he, Kuhn, was the owner in fee. The deed contained these clauses: The parties of the first part do grant unto the said Johnson N. Camden all the coal and mining privileges necessary and convenient for the removal of the same, in, upon, and under a certain tract or parcel of land situated in the county of Marion, on the waters of the West Fork river, bounded an