Rathbun v. Williams

The opinion of the court was delivered by

Dawson, C. J.:

This was an action to quiet title to certain mineral interests in two eighty-acre tracts of land in Chautauqua county which plaintiffs had acquired by purchase at sheriff's sale held pursuant to a judgment in tax foreclosure proceedings.

The defendants were the owners of certain royalty rights arising out of those mineral interests which, it was alleged, had been extinguished by the proceedings in foreclosure.

The salient facts were these: On November 7, 1903, the fee title owners of the two tracts of land involved herein executed an oil…