Cook
Cook v. Western Trust & Savings Bank
Opinion
Lead Opinion
Plummer, J.
This action was begun by the plaintiff to recover of and from the defendant certain moneys received by the defendant from the Shell Oil Company, royalties belonging to the plaintiff by reason of her ownership in and to certain premises or units in and to certain premises operated by the Shell Oil Company in the extraction of oil and other hydrocarbon products. The entire tract of land included 20 acres. It appears from the record, however, that the plaintiff’s interest related only to a certain 5 acres thereof, being 1095/2500ths part of the 5 acres. The land originally belonged to a man by the name of Coseboom. Coseboom had made a contract with Walter H. Cook for the purchase of an interest in said 5-acre tract and in the royalty of the oils produced therefrom, the agreement with Cook providing that the deeds from Coseboom should go directly to those who should purchase from Cook. The record shows that on April 3, 1923, Cook transferred his interest in the lands, rents and royalties referred to herein to his mother and father. On the sixth day of April, 1923, an attachment was issued against Walter H. Cook, garnishment process was served upon the defendant herein, to which the…