Arnett v. Sinclair Prairie Oil Co.

SWINFORD, District Judge.

The record is before me on the defendants’ motions to dismiss the complaint and on motions for summary judgment by both the plaintiff and defendants.

The sole question presented is the propriety of the plaintiff’s claim to mineral *345rights, other than coal and fire clay, in a 47 acre tract of land in Henderson County, Kentucky. On Januarv 7, 1915, the plaintiff became the owner in fee simple of the tract in question. On the following day he and his wife executed a mortgage on this and another small tract of land to T. J. Arnett.

The mortgage contained this provision: “It…