Phelps v. Partee

Grieein Smith, Chief Justice.

Mineral rights pertaining to forty acres are matters of controversy. Land was owned by Traylor, who died in 1941. His son-in-law, Partee, sued in May, 1943, alleging ownership. The proceeding was to remove title clouds caused by certain mineral deeds.

Appellants ’ contention is that after sale of the land for 1928 taxes, Poster purchased from the County Clerk, and in-June, 1933, Traylor requested Sherman to “redeem” for him. In consideration of $82 Poster deeded to Sherman. Traylor is alleged to have executed his note to Sherman for this amount, and in turn Sherman…