Roger E. Canter v. Weldon A. Lindsey

This is a suit for declaratory judgment to resolve a three-party dispute over the ownership of a 1/4Th royalty interest in certain lands in excess of 1/8Th royalty. The Plaintiff is the successor in interest of the grantee of a 1935 deed on certain lands in Martin County. He sued the Defendant, who is the successor in interest of the grantee of a 1941 conveyance. The Intervenors succeeded to the rights, if any, of the original grantor in the two deeds. Trial was to the Court upon stipulated facts, and judgment was entered in favor of the Plaintiff. The Defendant and Intervenors filed separate appeals. We reverse and render in favor of Intervenors.