Davis v. Hurst

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order sustaining defendants’ demurrer to plaintiff’s petition. By the allegations of the petition plaintiff formerly owned a certain 281-acre tract of land in Elk county. In November, 1932, he sold the land to Della May and Ralph E. Hurst and conveyed it to them by a general warranty deed which contained the following clause: “The said W. L. Davis reserves one-half of the oil and gas royalties.” . In December, 1936, Della May and Ralph E. Hurst executed and delivered to the Sagamore Oil & Gas Company an oil and gas…