Boring v. Filby

[603]

WARNS, J. pro tem.

*

Plaintiffs brought this action against the defendants for the purpose of quieting their title to certain real property which they had previously purchased from the defendants. Defendants, in their answer to plaintiffs’ complaint, allege affirmatively that they were owners of a one-half interest in the oil, gas, hydrocarbon and other mineral rights in the subject property. The trial court found that at the time of the conveyance to plaintiffs by defendants, the defendants were the owners of a certain interest in gas, oil and mineral rights by contract with Capital Company, a corporation, and that all the rights of the defendants under said contract passed and were transferred by virtue of the deed of conveyance to plaintiffs, as incidents of ownership. Judgment was entered quieting plaintiffs’ title in and to said lands and the gas, oil and mineral rights. Defendants have appealed from the judgment.

On March 17, 1944, Bank of America National Trust and Savings Association, by grant deed, conveyed the land in question to the defendants and one Hull. The defendants, as joint tenants, were granted an undivided one-half interest in the land, and Hull was granted an undivided one-half interest therein. In that deed the bank reserved and excepted all oil, gas and other hydrocarbon minerals then or any time thereafter situate therein and thereunder, together with easements and rights necessary or convenient for the production, storage and transportation thereof, and the exploration and testing of said real property.

In 1946, Hull conveyed his interest in the land to the defendants. The deed contained the following clause: “Saving, Excepting and Reserving all oil, gas, and mineral, etc., as contained in Deed from Bank of America National Trust and Savings Association, to Edgar 0. Filby and Annie M. Filby, his wife, as Joint Tenants, an undivided one-half interest and Edward T. Hull ... an undivided one-half interest dated March 17, 1945 and recorded ...”

On the same day that the bank conveyed to the Filbys and Hull, and apparently as part of the overall transaction, the bank conveyed to the Capital Company all the oil, gas and minerals situate in and under the real property described in the Filby deed. This deed was never recorded so far as is shown by the record.