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KADRMAS v. SAUVAGEAU

Civ. No. 8670.

188 N.W.2d 753 (1971)

Frank KADRMAS and Betty Jane Kadrmas, Plaintiffs and Respondents, v. Kathleen SAUVAGEAU, Administratrix of the Estate of Emil Sauvageau, Deceased, Defendant, Third-Party Plaintiff and Appellant, and The State of North Dakota and the Pure Oil Company, a corporation, Third-Party Defendants.

Supreme Court of North Dakota.

June 22, 1971.

Attorney(s) appearing for the Case

Freed, Dynes & Malloy, Dickinson, for defendant, third-party plaintiff and appellant.

Greenwood, Swanson, Murtha & Moench, Dickinson, for plaintiffs and respondents.

TEIGEN, Judge.

The issue in this appeal is whether a mineral exception and reservation contained in the granting clause of a warranty deed effectively excepted and reserved in the grantors a one-half mineral interest.

On March 13, 1962, Emil P. Sauvageau and Kathleen M. Sauvageau, husband and wife, conveyed by warranty deed to Frank Kadrmas and Betty Jane Kadrmas the Southeast Quarter of Section 11, Township 139, Range 99, and other lands. In the granting...

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