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HORSE CREEK ROYALTY CORP. v. SOUTHLAND ROYALTY CO.

No. 3936.

489 P.2d 214 (1971)

HORSE CREEK ROYALTY CORP., a Wyoming corporation, and George Cale, Guardian of the Estate of James Cale, an Incompetent, Appellants (Plaintiffs below), v. SOUTHLAND ROYALTY COMPANY, a Delaware corporation, et al., Appellees (Defendants below).

Supreme Court of Wyoming.

Rehearing Denied November 8, 1971.

Attorney(s) appearing for the Case

John Burk, Casper, for appellants.

Morris R. Massey, of Brown, Drew, Apostolos, Barton & Massey, Casper, William D. Redle, of Redle Yonkee & Arney, Henry A. Burgess, of Burgess, Kennedy & Davis, Sheridan, for appellees.

Before McINTYRE, C.J., and PARKER, McEWAN and GRAY, JJ.

Mr. Justice PARKER delivered the opinion of the court.

The parties agree that this appeal from a summary judgment turns on legal principles and that no issue of material fact was raised below. W.S. Cale in 1925 received a homestead patent for Sec. 19, T. 54 N., R. 72 W., Campbell County, Wyoming, with mineral rights in the south half of the section (except coal in portion thereof). A few months later he and his wife, Emma, executed a warranty deed for Section 19 to...

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