Clarence Keese, Appants v. Continental Pipe Line Company

HUTCHESON, Chief Judge.

This appeal from a summary judgment, rendered on undisputed facts, 1 that the plaintiffs take nothing by their suit for an accounting for oil produced from a forty acre tract under a lease dated November 4, 1953, from E. M. Mills et al. to one Arnold H. Bruner, presents a single question for decision.

This question is whether an overriding royalty of one-sixteenth of seven-eights, created and carved out of the working interest in an oil and gas lease covering 40 acres, dated Aug. 7, 1939, which plaintiffs, as owners of the leasehold estate, had reserved to themselves out…