Mauch v. Ballou

McINTYRE, Chief Justice.

By quitclaim deed Rex D. Maurer conveyed all of his right, title and interest in certain described bentonite placer mining-claims to his sister Mary Mauch. The deed contained this paragraph, the proper interpretation of which is the subject of the present appeal:

“Excepting and reserving however, unto the Grantor, Nine-tenths, (90%) of my proportionate share of all Mineral Royalties accruing to the benefit of my proportionate share of any or all, as the case may be, of the above described premises.”

The grantee, Mary Mauch, initiated an action in the district court of…