Lamar Hunt v. Dawson County, Montana, and Robin F. Scully

Appellant Dawson County, Montana contracted to sell a parcel of land to J. D. Christianson. The contract did not reserve to the County any royalty interest in mineral rights. Upon performance of the contract, however, Dawson County conveyed the land to Christianson by a quit claim deed which reserved a QlA percent royalty interest in all oil, gas and minerals. In 1951, Christianson brought a quiet title action and acquired a confirmation deed which made no reservation of a royalty interest to the County.

Plaintiff Lamar Hunt, lessee of the oil and gas rights to the property in question, brought this interpleader action to determine the validity of the County’s royalty interest, naming as defendants Dawson County and the mineral owners who acquired title through Christianson. The United States District Court for the District of Montana found for Christianson’s successors in interest on the ground that the County was bound by the result in Chris-tianson’s 1951 confirmation deed action. Dawson County appeals, contending that it was not a party to the confirmation deed action and that its royalty interest in min eral rights was therefore not determined in that proceeding. We…