Cates v. Greene

McClendon, chief justice.

This suit involves the validity of a certain instrument signed by Greene and wife and purporting to convey to Cates one-half interest in the oil and gas, and to assign to him one-half interest in royalties and deferred payments under a prior mineral lease covering 116 acres of land, which was community property and the ■ rural homestead of Greene and wife. The pertinent facts follow:

June 12, 1930, Greene and wife executed an oil and gas lease upon the land in favor of Lloyd. This lease provided for an oil royalty of one-eighth of that “produced and saved from said…