Brown v. Copp

VALLÉE, J.

Appeal by plaintiffs from a judgment for defendants Bancroft and Copp in an action for a declaration of plaintiffs’ rights in landowner’s royalties under a community oil and gas lease. Plaintiffs, as owners of the fee by virtue of a trustee’s deed, claim the entire landowner’s roy alty interest. Defendants claim to be the owners of 20 per cent of the royalty interests.

September 2, 1936, one Moody executed a community oil and gas lease embracing several parcels of realty which he owned. The lease was for 18 months and “so long as oil or gas or other hydrocarbon substances are…