Elrod v. Foster

This litigation arose out of the following facts:

On November 26, 1927, J. P. McCord, as executor of the Mrs. Martha Overall estate, conveyed to J. G. Oltorf by warranty deed 60 acres of land in Coleman county, reserving for a term of fifteen years a 1/8 oil and gas royalty or mineral interest, binding grantee to drill an oil and gas well to the depth of 2,000 feet, and providing that title should fully vest in grantee if the well proved to be a dry well. On May 11, 1928, Oltorf conveyed his 7/8 mineral interest by mineral deed to H. M. Amsler and C. C. McBurnett, who on May 28, 1928, by a…