Walker v. Western Gas Co.

Tom Glaze, Judge.

In 1923, Arthur Curtis, the common source of title, conveyed by warranty deed the surface interest in the lands in question to H. D. Strickland and reserved all “coal and minerals.” By subsequent conveyances, title to the surface estate vested in appellants. Arthur Curtis never conveyed the mineral estate, and the appellees are the heirs-at-law of Arthur Curtis and their lessees.

The constructively severed mineral estate was never assessed in the name of Arthur Curtis as required by statute, nor was the mineral interest ever subjoined to the surface rights in the tax books of…