Stratmann v. Stratmann

Meyer, J.:

This appeal involves a quiet title action of an oil and gas royalty interest.

In 1940, Tena Stratmann and her children, appellants Bert and Mathilda (Bert and Mathilda), Edwin, Otto, Ervin, and appellee Marvin (Marvin), executed an oil and gas lease retaining a Vs landowners’ royalty plus a bus overriding royalty on the property herein involved. Through a series of successions, by 1960 each child possessed a hs interest in the landowners’ royalty and the overriding royalty. In 1961, Otto petitioned for partition of all the Stratmann land. In the partition action, the tract upon which…