Little v. Mountain View Dairies, Inc.

In 1935 plaintiffs’ predecessors in interest in certain real property granted to defendant a limited interest in that property described as “Eight and one-third per cent (8-%%) of all oil, gas and other hydrocarbon substances, and minerals, in, under and/or which may be hereafter produced and saved from” the property. In 1945 plaintiffs leased the property to Loren L. Hillman, Inc., for the purpose of producing oil and gas. The lease reserved to plaintiffs as lessors a royalty of one-sixth of all oil produced and saved from the premises. The lease also provided in part as follows:

“10. In ease…