Delta Drilling Co. v. Arnett. Brackett v. Arnett. Arnett v. Delta Drilling Co.

ALLEN, Circuit Judge.

These appeals and cross-appeal involve title to the oil and gas underlying a tract of about 47 acres of land, situated in Henderson County, Kentucky. 1 In 1915 Rubie Powell and her husband, owners of the land in question, conveyed it by general warranty deed, in fee simple, to plaintiff Thomas E. Arnett. This deed is the common source of title for all the parties. On January 8, 1915, plaintiff mortgaged the land, reserving to himself “the coal and mining rights under this land.” The mortgage was foreclosed in 1916, and defendants W. W. Brackett and his wife became surface…