McSweyn v. Musselshell County, Mont.

This is an appeal by the defendants from a judgment of the District Court, Fourteenth Judicial District, Musselshell County, declaring certain oil and gas leases owned by the plaintiff, Donald McSweyn, to be valid. We reverse the judgment of the District Court.

Defendants raise these issues on appeal:

1. Where the provisions of a contract for deed between Musselshell County and A. D. Shields, containing a 2% percent mineral reservation, merged into a subsequent deed between those parties in which the County reserved a 2% percent royalty interest?

*5272. Is a quiet title decree entered prior to the…