McDonald v. Bennett

Lively, President:

The bill is for partition of oil and gas in and underlying 212% aeres in Calhoun county. This land was owned in fee by W. T. Wiant and N. M. Bennett, who, in 1898, conveyed it in fee to C. E. Yandevender and John S. Withers with a reservation in these words: “But there is reserved and excepted from- the conveyance % of all the oil and gas in and underlying said tract of land that may be produced therefrom, and the right of ingress and egress for the purpose of utilizing the same.” The title to this tract, less the reservation and exception, became vested in plaintiffs as…