Barlow

The complaint alleges that the defendant is engaged in the general banking business under the banking laws of this state; that in the year 1907 it became the owner of a tract of land described in the complaint; that in the year 1911 it conveyed the land to the plaintiff, reserving and excepting all minerals and mineral rights therein; that its title to and ownership of such minerals and mineral rights have continued for more than five years; that such property is not necessary for carrying on its business, and is in contravention of section 54 of the Bank Act (Stats. 1917, p. 622), and that the plaintiff desires to purchase the minerals and mineral rights reserved by the defendant. The prayer is for a judgment compelling the defendant to sell the property so reserved.

The answer, filed by the Security Trust & Savings Bank, alleges and the proof shows that the defendant, on December 3, 1921, became merged into the Security Trust & Savings Bank, to which all the assets and liabilities of the defendant have been transferred and that neither corporation at any time owned or claimed any interest in the property for its own benefit and that the “Security Trust & Savings Bank does not…