Eakin v. Cities Service Oil Co.

Paul Ward, Associate Justice.

The question is: Can a grantee maintain an action to cancel, as a cloud on Ms title, a forged mineral deed purportedly obtained from his grantor1? This question is presented on a demurrer to the grantee’s complaint.

Appellant, Homer Ealdn, received a deed to 40 acres of land from his father and mother (A. J. and Laura Ealdn) February 20, 1933. At that time there was of record a mineral deed purportedly executed by appellant’s parents purporting to convey an interest to one H. Y. Foster, which mineral deed, by mesne conveyances, was transferred to appellee, Cities…