G. W. Carroll v. George Funk and Lydia Funk

This is an appeal from a decree of the District Court for the District of Montana, Havre Division. This matter was tried before the Court without a jury.

The case involves an “Assignment of Royalty” executed by George and Lydia Funk, Appellees herein, to G. W. Carroll, which, on its face, conveyed a Vs2 royalty of all the oil and all of the gas produced and saved from their lands. The District Judge reformed, amended and corrected the Assignment to convey an undivided Vs2 interest in and to all of the minerals in, under and upon said lands.

The facts in this case, as clearly established by the evidence, are as follows:

The appellees here, plaintiffs below, are citizens and residents of the State of Montana. The Appellant here, defendant below, is a citizen of the State of Alabama. On the 25th day of November, 1952, George Funk and Lydia Funk, the plaintiffs below, were the owners and in possession of the following described real estate: S% of Section 13, N% of Section 24, Township 30 North, Range 46 East M.M., Roosevelt County, Montana, and on that date executed the assignment above mentioned. Prior to the execution of said assignment one Roland Walters, acting on behalf of…