Marx v. Beard

BLACKBIRD, Justice.

This appeal arose out of an action to quiet title instituted in -February, 1955, by defendant in error, as plaintiff,' to-quiet his title against plaintiffs in error, who are husband and wife, as defendánts, to an undivided one-half interest in the minerals underlying a certain tract of land. The parties will hereinafter be referred to by their trial court designations.

According to the undisputed facts established at the trial, it was several years after defendants had mortgaged said land to the Federal Land Bank, and while it remained so encumbered, that defendants…