Porter v. Warner-Caldwell Oil Co.

This case turns upon the construction of certain clauses of reservation and exception in deeds involving producing oil lands. Roy Porter, as plaintiff, brought the action to quiet his title to a number of oil wells on the premises. A demurrer to his evidence was sustained by the trial court.

Porter claimed under a chain of three deeds. The deed directly to him was from William S. Brock and wife. In the habendum clause is this language: “except oil and gas lease on the premises and reservation of record of oil and gas royalties.” It seems clear that, if his grantors had title, Porter acquired…