Fitch v. United Royalty Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action to cancel a deed conveying a royalty interest in Sumner county land to the United Royalty Company, a common-law trust domiciled in Oklahoma.

The pertinent facts were these: In August, 1922, three men, Rochel, Burnham and Landon, organized a common-law trust for accumulating and pooling oil-and-gas royalty interests in lands. The organizers gave it the name of The United Royalty Company, assumed its management as trustees, and filed a declaration of trust specifying its nature and purposes in a public record office-in Kay…