Rempel v. Shell Petroleum Corp.

The opinion of the court was delivered by

Smith, J.:

This was an action to set aside a mineral deed on the grounds of fraud, duress and want of consideration. Judgment was for plaintiff. Defendants appeal.

On February 28, 1928, appellee, a widow, executed an oil and gas lease to Courtney B. Davis, one of the defendants. This lease warranted the fee-simple title to the land in question to be in appellee. On March 16,1928, Davis assigned this oil and gas lease to Roxana Petroleum Corporation, now Shell Petroleum Corporation. On August 22, 1928, Davis executed a release of this lease to appellee…