Roemer

This action involves the title to oil and mineral interests in real property situate in Merced County. It was commenced by the present owner of the surface rights, respondent herein, who filed a complaint against appellant, and others, to quiet title to all rights in the land. All named defendants except appellant Frank L. Roemer disclaimed or defaulted. Appellant cross-complained to quiet title to an undivided one-fourth interest in the subsurface rights, and appeals from the adverse judgment of the trial court quieting respondent’s title.

The case was tried upon agreed facts and documentary evidence set forth in a written stipulation filed with the court, personal appearances being waived. Numerous documents comprising the alleged chains of title of appellant and respondent are set forth in the stipulation. The ones which we deem material to the issues herein are described as follows:

Date of Instrument

1. May 29, 1939

2. March 11, 1941

3. March 11,1941

Description of Instrument

Conditional Sales Agreement, Miller & Lux, Seller, to Roemer, Cowden and Harty, Buyers*

Assignment of Roemer’s and Cowden’s interest in above agreement to Harty

Agreement of Harty to…