[Download] "Brown v. Kirk" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Brown v. Kirk
- Author : Colorado Supreme Court
- Release Date : January 11, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
The basic facts are not in serious dispute. From the record it appears that in 1945 the Federal Land Bank owned the quarter section of land here involved, and on September 27, 1945, conveyed said land by deed, in which appears the following: "Excepting and reserving unto the party of the first part, its successors and assigns, an undivided one-fourth of all oil, gas, and other minerals and mineral rights in, upon and under said real estate." By mesne conveyances plaintiffs became the owners of said quarter section. On August 27, 1946, plaintiffs entered into a written agreement with defendants for the sale of the real estate described in the deed of said bank, and in said agreement, after the description of the real estate, is the following: "except one half of all oil, gas and mineral rights which party of the first part reserves." Thereafter and on September 19, 1946, plaintiffs made, executed and delivered their statutory form of warranty deed describing said quarter section of land, after which there appears "excep[t] one half of all oil, gas and mineral rights which parties of the first part reserve" and the warranting clause in said warranty deed reading "and warrant the title to the same, subject to reservations above mentioned."