Barret v. Kuhn

Darrell Hickman, Justice.

The central legal question presented by this appeal from a Miller County Chancery Court decree is: do the owners of non-participating royalty interests, under their deeds, participate in all royalty in certain oil and gas leases or only in the normal one-eighth royalty reserved to the owners of the mineral interests? The chancellor held that their participation was only in a one-eighth royalty and we agree with that decision.

The appellees are the owners of the mineral interests and they filed this lawsuit for a declaratory judgment of the rights of all parties to…