Horse Creek Royalty Corp. v. Southland Royalty Co.

The parties agree that this appeal from a summary judgment turns on legal principles and that no issue of material fact was raised below. W. S. Cale in 1925 received a homestead patent for Sec. 19, T. 54 N., R. 72 W., Campbell County, Wyoming, with mineral rights in the south half of the section (except coal in portion thereof). A few months later he and his wife, Emma, executed a warranty deed for Section 19 to his wife, Emma, who retained the property until her death in 1942, although she on two occasions leased the south half of the section for oil and gas.

Mrs. Cale left a will which…