Marias River Syndicate v. Big West Oil Co.

On March 27, 1923, John N. Thelen and wife were the owners of certain real estate in Toole county. On that day they conveyed these lands to James D. Hawkins by warranty deed, with certain exceptions, which was recorded on July 6, 1923. On July 8, 1925, Hawkins and his wife conveyed the lands to C. E. Armstead, trustee, together with 80 per cent, of the oil and gas and other mineral therein and thereunder. Eventually, by mesne conveyance, the plaintiff acquired title to the lands, together with 70 per cent, of the oil and gas rights. The deed from Thelen to Hawkins contained the following…