Kimsey v. Fore

KEITH, Justice.

Plaintiffs below appeal from a take nothing judgment entered after the trial court granted defendants’ motions for judgment non obstante veredicto. The principal question presented is what obligation, if any, is owed by the holder of the executive right to the owners of nonparticipating mineral interests. 1

1. Factual Recitation

Suit was brought by plaintiffs as the owners of nonparticipating term royalty against several sets of parties:(1) The McCampbell grantor-lessors, the owners of Vsths of the mineral interest who had sold one-half of the royalty from an 854-acre ranch in…