Hickey v. Dirks

The opinion of the court was delivered by

Hoch, J.:

The principal question presented is whether a certain instrument designated “Sale of Oil and Gas Royalty” constitutes a mineral deed or a conveyance of royalty interest. If it is a mineral deed, carving out of the fee a present subsurface estate in the oil and gas in place, the instrument is void under section 79-420, G. S. 1935, not having been recorded within ninety days after execution or listed for taxation. On the other hand, if the instrument conveyed only a royalty interest—a right to share in oil or gas produced—then the statute is not…