Baker v. Vanderpool

Opinion op the Court by

Chiep Justice Pulton—

Reversing in part and affirming in part.

In December 1939 the appellee leased a seventy five acre tract of land to the appellant, D. N. Baker, for oil and gas, retaining a one-eighth royalty. Baker transferred a one-half interest in the lease to the appellant, Norah Martin. The lease provided that if the lessor owned less than the entire fee simple the royalty paid the lessor should be in the proportion which Ms interest bore to the entire fee. It was later learned that the No-land heirs were the owners of one-half of the oil and gas. The appellants…