Cunnius v. Fields

HODGES, Justice.

The problem under consideration in this appeal arose out of the execution and de-, livery of a warranty deed which purported to transfer the surface and surface estate with a reservation of a ⅛⅛ mineral interest. It was later discovered that the grantors owned a ½ mineral interest.

The plaintiffs are the heirs (surviving husband and children) of one Ada May Fields, who died intestate leaving the property in question. The land comprising 65 acres had been in the family of the intestate since it was patented. Plaintiffs con veyed by warranty deed to the defendants the property…