Rose v. Lewis

Opinion op the Court by

Judge Dietzman

Affirming.

This is an action brought by the appellee against the appellant to quiet his title to the oil, gas, and mineral rights under a described tract of land in Elliott county, and to correbt the deed to that tract as recorded. The lower court awarded the appellee the relief he sought, and from that judgment this appeal is prosecuted.

The controversy turns on whether the deed, which the appellee made to the appellant covering the land mentioned, reserved all of the oil, gas, and mineral under the land conveyed or only one-eighth thereof. As recorded, the…