Richards v. Shearer

*89The opinion of the court was delivered by

Wedell, J.:

This was a suit to cancel a mineral conveyance designated “Sale of Oil and Gas Royalty,” to quiet title, and for damages. The trial court denied the requested cancellation, and plaintiff appeals.

The royalty conveyance was not recorded within ninety days after its execution. The statute on which plaintiff relies is R. S. 79-420. It provides:

“That where the fee to the surface of any tract, parcel or lot of land is in any person or persons, natural or artificial, and the right or title to any minerals therein is in another or in others, the…