Sample v. Whitaker

The .plaintiffs sued to be declared the owners of the mineral rights in a tract of land belonging to the defendant, Isaac Whitaker, and described as the S% of NE.% of section 5, township 13 north, range 13 west, containing SO acres. S. G. Sample, one of the plaintiffs, bought the land from O. H. P. Sample on the 29th of November, 1902, during the existence of the community of acquets and gains between S. G. Sample and his first wife, Mrs. Emma McCrory Sample. He sold the land to York Whitaker, Jr., on the 20th of November, 1911, with the following reservation, viz.:

“It is agreed and…