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ACOMA OIL CORP. v. WILSON

Civ. No. 900412.

471 N.W.2d 476 (1991)

ACOMA OIL CORPORATION and Clarke D. Bassett Residuary Trust, Plaintiffs and Appellants, v. Clayton D. WILSON, Jr., Allan LeRoy Wilson, and Universal Resources Corporation, Defendants and Appellees.

Supreme Court of North Dakota.

June 3, 1991.

Attorney(s) appearing for the Case

Dennis Edward Johnson, Watford City, for plaintiffs and appellants.

Richard P. Olson of Olson, Sturdevant & Burns, Minot, for defendants and appellees Clayton D. Wilson, Jr. and Allan LeRoy Wilson.

Jon Bogner of Kubik, Bogner, Ridl & Selinger, Dickinson, for defendant and appellee Universal Resources Corp.

ERICKSTAD, Chief Justice.

Acoma Oil Corporation (Acoma) and the Clarke D. Bassett Residuary Trust (Bassett), appeal from a district court judgment declaring that the current mineral interest owners in a 160-acre tract of land proportionately share the burden of prior assignments of a 6.5% royalty. We reverse and remand for further proceedings.

In 1915 H.O. Moen obtained fee simple title to the 160-acre tract of land in McKenzie County described as:

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