Berry v. Hiawatha Oil & Gas Co.

Opinion of the Court by

Van Sant, Commissioner

Affirming.

Appellants instituted this action to recover for oil taken from wells drilled on real estate owned hy them in Union County. The answer pleaded title, and asked that it be quieted, to all of the minerals in and under the property except coal, and asserted the right of appellee, Ashland Transportation Company, to receive the oil into its pipe lines under contract with its co-appellees, who claim by reason of a reservation in a deed through which appellants claim title. The sole question for our determination is a construction of the words…