Lamar Hunt v. Dawson County, Montana, and Robin F. Scully

FARRIS, Circuit Judge:

Appellant Dawson County, Montana contracted to sell a parcel of land to J. D. Christianson. The contract did not reserve to the County any royalty interest in mineral rights. Upon performance of the contract, however, Dawson County conveyed the land to Christianson by a quit claim deed which reserved a QlA percent royalty interest in all oil, gas and minerals. In 1951, Christianson brought a quiet title action and acquired a confirmation deed which made no reservation of a royalty interest to the County.

Plaintiff Lamar Hunt, lessee of the oil and gas rights to the…