Stoner v. Winter

This action was instituted in the district court of Oklahoma county by Lizzie M. Stoner, as plaintiff, against August Winter, Minnie Winter, and others, to quiet title to an undivided one-eighth royalty interest in all oil, gas and other mineral produced under a certain 40-acre tract of land. From judgment for defendants, the plaintiff prosecutes this appeal.

Essential facts are that on September 7, 1919, plaintiff, then owning in fee simple, conveyed said tract to Melville Carter by warranty deed, which deed contained the following reservation or exception: “Except Vs royalty on all oil and…