Koenig v. Calcote Et Ux.

McGehee; J.,

delivered the opinion of the court.

This is a suit to cancel a mineral deed executed by the appellees, Boyd Calcóte and wife, on October 4, 1935, in favor of the appellant, E. J. Koenig, for an undivided one-half interest in all of the oil, gas and other minerals under approximately 238 acres of land owned by them in Lincoln County, on the ground that the said instrument is alleged to have been obtained through fraud.

The conveyance in question was made subject to an outstanding oil and gas lease held by the Sun Oil Company, executed on October 12, 1934, and all of the material…