Gardner v. Boagni

TATE, Judge.

This is a suit for a declaratory judgment. The plaintiff sues to obtain an interpretation of a reservation of royalty in an act of partition between co-owners. The issues are identical to those in a concursus proceeding consolidated with this case for trial and for appeal and decided by us this date. Whitehall Oil Company, Inc. v. Eckart, 197 So.2d 664.

For the reasons assigned in the companion suit cited, we set aside the trial court decree and we interpret the reservation in the partition instrument of November 23, 1942, recorded in Conveyance Book L-7, page 371, Act No. 213418…