Clemmens v. Kennedy

(after stating the case as above).

It is insisted on appeal that there was error in giving a peremptory instruction. In support of the proposition it is urged, first, that, in view of the respective provisions mentioned in the lease to B. A. Skipper and in the mineral conveyance to W. H. Kennedy and others, the mineral conveyance to W. H. Kennedy and others should be construed as conveying to W. H. Kennedy and others one-half only of the royalties in the legal ownership of O. C. Olemmens, which, under the undisputed evidence, would be one-half of O. O. Olemmens’ one-half or one-fourth of the…