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ARKANSAS VALLEY R. CO. v. ARKANSAS-OKLAHOMA GAS CO.

No. 5-101.

258 S.W.2d 51 (1953)

ARKANSAS VALLEY ROYALTY CO. v. ARKANSAS-OKLAHOMA GAS CO. et al.

Supreme Court of Arkansas.

May 25, 1953.

Attorney(s) appearing for the Case

Lee Seamster, Don Trumbo and E. J. Ball, all of Fayetteville, for appellant.

Daily & Woods, Ft. Smith, Moore, Burrow, Chowning & Mitchell, Little Rock, for appellees.

ROBINSON, Justice.

The principal issue is whether a certain instrument conveys a one-eighth royalty to an undivided interest in the oil, gas, and other minerals that may be produced from the described property; or is it a deed to the fee in an undivided interest in such minerals. The Chancellor held it to be a conveyance of a one-eighth royalty. We agree with the Chancellor.

At the time of his death in the latter part of August, 1927, J. A. Kelley owned and...

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