Koval v. Carnahan

LINDLEY, District Judge.

The questions here presented are, (1), whether under the evidence plaintiff is entitled to the oil and gas under forty acres, and, (2), whether, if he is not the owner, defendant must pay him a rental royalty because it has a lease of the oil on that tract from him.

Only July 24, 1918, one Carnahan, being the owner in fee of the premises involved, conveyed to one Hobson by warranty deed, with this reservation: “The coal, oil and minerals under the above described real estate is hereby reserved with right to mine and remove the same.” Thereafter Hobson conveyed to Neal,…