G. W. Carroll v. George Funk and Lydia Funk

CLARK, District Judge.

This is an appeal from a decree of the District Court for the District of Montana, Havre Division. This matter was tried before the Court without a jury.

The case involves an “Assignment of Royalty” executed by George and Lydia Funk, Appellees herein, to G. W. Carroll, which, on its face, conveyed a Vs2 royalty of all the oil and all of the gas produced and saved from their lands. The District Judge reformed, amended and corrected the Assignment to convey an undivided Vs2 interest in and to all of the minerals in, under and upon said lands.

The facts in this case, as…