Grisham v. Southland Royalty Company

BLACKBIRD, Justice.

Defendant in error and plaintiffs in error will be referred to as “plaintiff” and “defendants”, respectively, as they appeared in the trial court. Plaintiff’s purpose in commencing the action, on March 3, 1954, was to quiet its title to an undivided one-fourth of the minerals, hereinafter referred to as “royalty”, in and under an 80-acre tract of land. Its asserted right to this relief was based upon the warranty of title contained in the mineral deed by which defendants’ ancestor, S. C. Newbern, now deceased, and his then wife, conveyed the royalty to it in 1929. At that…