Faidley v. Emrich

The opinion of the court was delivered by

Smith, J.:

This is an action to quiet title to a mineral interest. Judgment was for the plaintiff. Defendants have appealed.

The amended petition alleged the ownership by plaintiff of a described quarter section; that defendants claimed some title to it, which was inferior to the plaintiff’s title; that W. C. Emrich claimed some interest in it because of a mineral deed duly recorded, such deed having been executed by plaintiff on December 13, 1943; that at the time of execution of the deed plaintiff was unfamiliar with the oil business and the difference…