Morgan v. Roberts

This is an appeal from a decree denying reformation of a deed.

On December 21, 1964, Silas Morgan and his wife, Mable, conveyed forty acres of land in Choctaw County to Herbert Roberts and his wife, Alma. Following the description of the land, there are these words, "It is expressly understood that 1/4 oil, gas and other mineral interest is reserved from this conveyance." Fourteen years later, these words became the subject of a lawsuit.

In March, 1978, the Morgans filed suit to reform the deed; they alleged that they had conveyed an undivided 1/2 interest in the minerals in 1944; that they had…