Smith v. Casto

Maxwell, Judge:

This suit involves title to an undivided seventeen-thirty-sixths of the oil and gas in a tract of 245 acres of land in Clay county. The plaintiffs having encountered in the circuit court an adverse decree to their claim of title to said property prosecute this appeal.

On the 16th day of August, 1858, Mary 'W’aUbaek sold and conveyed to Benjamin H. Smith and George W. Smith (unrelated) a tract of 10,899 acres of land in Clay county. Subsequent to the said acquisition of title and prior to the year 1883 the said grantees, within their joint lives, and later the said Benjamin H.…