Johannes v. Dwire Et Al‪.‬

Quieting Title ? Execution Sale of Royalty in Oil and Gas Lease ? Royalty an Interest in Land ? Doctrine of Instantaneous Seizin ? Judgment Liens ? When Lien Does not Attach to After-acquired Title. Oil and Gas Leases ? Royalty Interest One in Land ? Judgment Lien Attaches to After-acquired Title, When. 1. Treating a royalty interest in an oil and gas lease as an interest in land, a judgment lien will, under section 9413, Revised - Page 591 Codes 1921, attach though title thereto was not acquired until thereafter, provided the debtors title was then disclosed of record. Same ? Assignment of Royalty ? Construction of Contract. 2. A contract transferring an interest in land (assignment of oil royalty) must be construed as a whole, in order to ascertain the intention of the parties; explanatory clauses may be considered as a part of the granting clause and may enlarge or diminish the grant, so long as they deal with the identical property or interest described in granting clause. Same ? Assignment of Royalty ? When Sufficient to Pass After-acquired Title. 3. Where an assignment of an oil royalty in the granting clause described the interest assigned as "all my right, title and interest" in the royalty, but in the warranty clause the grantor stated: "I do hereby assign said royalty and agree to warrant and defend the title to the same," the instrument held sufficient to pass after-acquired title. Judgment Liens ? Transfer of Interest in Land ? Doctrine of Instantaneous Seizin ? When Lien Does not Attach. 4. A judgment lien attaches only to the precise interest the debtor has in the property, and if he parts with title before he acquires it, or even by the same act or transaction by which he acquires it, there is, under the doctrine of instantaneous seizin, no moment of time when the lien of the judgment could have attached; under such a state of facts title may be said to have passed direct from the debtors grantor to his grantee. Quieting Title ? Oil and Gas Royalty Sold on Execution ? Conditions Under Which Judgment Lien Could not Attach ? Void Sale. 5. In an action to quiet title to an oil royalty sold on execution, held, that plaintiff having acquired it by assignment before the seller secured title, there was nothing to which the lien of a judgment against the seller could attach, and therefore the sale on execution was void.