Fast v. Fast

The opinion of the court was delivered by

Foth, C.:

This is a dispute over an undivided one-twelfth (Viz) interest in the oil, gas and other minerals underlying a half-section of land in Reno County. Appellees, plaintiffs below, were granted summary judgment quieting their title to a collective five/eighths (%) interest in the undivided one-twelfth (142) as against the defendants, who have appealed.

The basic issue is whether a deed conveying real estate by surface description, with no qualifying, reserving or excepting language, conveys the grantor’s interest in the underlying minerals when…