Peterson v. Simpson

Robert H. Dudley, Justice.

This quiet title action presents questions about oil, gas or mineral rights, thus jurisdiction is in this Court pursuant to our Rule 29(l)(n). The first point for reversal raised by the plaintiffs, appellants, concerns the construction to be given a warranty deed. In the deed, the owner of a fractional mineral interest purports to convey a larger interest than can be granted because of another outstanding fractional mineral interest and the grantor’s own purported reservation of a fractional interest in the minerals. The trial judge was correct in ruling that the…