Elliott v. Berry

On December 15, 1948, J. R. Elliott filed this action against Aaron S. Berry, trustee, et al. to quiet title to an undivided 15/16ths mineral interest in 50 acres of land in Payne county. Judgment was entered for defendants, and plaintiff has appealed. The parties will be referred to as they appeared in the trial court.

The principal question for determination is whether the contract and royalty deed hereinafter referred to operated to convey an undivided l/16th mineral interest to defendants’ .predecessors in title, as plaintiff contends, or a perpetual nonparticipating 1/16th royalty…