Brown v. Lober

The Bosts owned only a one-third mineral interest in land, with the original owners retaining two-thirds, but the Bosts conveyed the property to the Browns (plaintiffs) by general warranty deed with no exceptions noted. The Browns only discovered they held just a one-third mineral interest in 1974, when trying to sell their mineral rights for $6,000, and had to renegotiate down to $2,000; the original owners holding the other two-thirds interest had never taken any action to exercise those rights. The Browns sued Lober (defendant), executor of the Bosts' estate, for breach of the covenant of quiet enjoyment; the trial court ruled for Lober, the appellate court reversed, and Lober appealed.