Rist v. Toole County

Defendants Toole county and the treasurer thereof appeal from a judgment permanently enjoining them from issuing or taking tax deed to certain lands. The cause was submitted upon an agreed statement of facts reciting that on April 16, 1926, one DeGroat was the owner in fee simple of certain lands in Toole county; that on that date he executed, acknowledged and delivered to one Reisinger a written instrument assigning to the latter “an undivided five and one-half per cent (5% %) royalty of and in all of the oil and gas and other minerals produced and saved” from those lands; that on May 12,…