Jones v. Alpine Investments, Inc.

SUMMERS, Justice.

FACTS AND PROCEDURAL POSTURE OF THE CASE

The record owner of certain real property deeded it to five grantees in equal undivided shares. In 1926 two of those grantees deeded their interest in the oil, gas and other minerals to the Union Royalty Company, which later deeded an undivided two-fifths (⅜) mineral interest to Alpine Investments, Inc., the defendant and appellee herein. In 1952 Hugh Jones, plaintiff and appellant, took title to the subject property and other land by warranty deed “subject to an undivided one-half (½) of the mineral rights heretofore sold.”

In 1972…