Arrington v. United Royalty Co.

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Arrington v. United Royalty Co.
the Arkansas Supreme Court
2600993Arrington v. United Royalty Co.1933the Arkansas Supreme Court

Supreme Court of Arkansas

188 Ark. 270

ARRINGTON  v.  UNITED ROYALTY COMPANY

Appeal from the Johnson Chancery Court

No. 4-3170. --- Delivered: Nov. 27, 1933. 

Court Documents
Opinion of the Court

  1. MINES AND MINERALS—NATURE OF ROYALTIES IN GAS AND OIL.—Royalties in oil and gas, until the oil and gas are brought to surface and reduced to possession, are interests in real estate, and not personal property.
  2. MINES AND MINERALS—CONVEYANCE OF ROYALTIES.—By a deed conveying a one-half interest in royalties in. oil and gas leases the grantee acquired an interest in real estate, though the conveyance stipulated that the grantee should not be a necessary party in leasing the land for oil and gas purposes; the grantor being authorized to execute such leases.
  3. MORTGAGES—LIMITATION—INDORSEMENT ON RECORD.—One owning a royalty interest in land may plead the statute of limitations as against a foreclosure of a prior mortgage where he was not party to such foreclosure, and there was no indorsement on the mortgage record extending the time of maturity of the mortgage.

Appeal from Johnson Chancery Court; W. E. Atkinson, Chancellor; affirmed.

Patterson & Patterson, for appellant.

Reynolds & Maze and Max G. Cohen, for appellee.

[Opinion of the Court by Justice TURNER BUTLER.]

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