King v. First Nat. Bank of Wichita Falls

McDONALD, Chief Justice.

On and prior to June 7, 1939, the fee title to a certain tract of land in Young County was owned by appellant, B. W. King, and by J. E. Duncan, each owning an undivided half interest. On that date Duncan conveyed his half interest to appellant, reserving, however, an interest in the oil, gas and other mineral royalty. The controversy here concerns the amount of royalty so reserved by Duncan, the grantor.

The provisions of such deed relating to the royalty reservation read as follows:

“The grantor hereby reserves unto himself, his heirs, successors and assigns for a…