Emerson v. Little Six Oil Co.

BRYAN, Circuit Judge.

This suit was brought by the Little Six Oil Company, appellee, to cancel a deed from Sloan A. Emerson to his wife, Marie T. Emerson, which purports to convey an overriding royalty of 1 per cent, in an oil and gas lease of 45 acres of land. Emerson and his wife, the appellants, answered and prayed for a decree sustaining the validity of the deed and establishing in Mrs. Emerson the royalty interest thereby conveyed.

The facts are not in dispute. The original lease was from the owner of the fee-simple title, Oscar Chesson, to one Dodd, by whom it was assigned to the Little…