Stanford v. Rosebud County

This is an appeal from the judgment of the Sixteenth Judicial District, Rosebud County. The parties to the appeal are: the Stanfords (appellants), Earl M. Cranston and Richard C. Hoefle (appellants), and Boyd and Mavis Kincheloe (respondents). The District Court granted summary judgment whereby an oil, gas and other minerals royalty, whose title remains in dispute, was awarded: 88.889% to the Kincheloes, 5.555% to Hoefle and 5.556% to Cranston as owners of the subject property’s mineral interest in that proportion. For reasons that follow, the judgment of the District Court is reversed.

Several…