Brizzolara v. Powell

Appellee brought this action to qniet her title to the oil and gas underlying forty acres in Johnson county. She derives title from the grantee of a conveyance executed by the Little Rock & Fort Smith Railway on October 27, 1897. In that deed the railway company reserved all coal and mineral deposits, the reservation being the same as the one construed in Mo. Pac. R. Co. v. Strohacker, 202 Ark. 645, 152 S. W. 2d 557.

A separate assessment of the “mineral rights” in this land was made in 1907, under Act 30 of 1897. When the railway company failed to pay the taxes in 1911, these mineral rights…