Shepherd v. Miller

Opinion of the Court by

Chief Justice Dietzman—

Reversing.

On May 1, 1916, Wilson Shepherd and his wife entered into a contract whereby, for a. stated consideration, they agreed to convey to Gr. D. Miller all of the minerals under their land, including the oil and gas, reserving a one-eighth part as royalty. On March 27, 1927, this agreement was carried out by Shepherd and his wife executing and delivering to Miller a deed for said minerals, including the oil and gas, reserving the one-eighth part as provided for in the contract. In this transaction, Miller was acting as trustee for himself and…