Mercer v. Wayman

John Mercer died intestate owning 40 acres, survived by his wife, seven children, and (through a predeceased daughter, Lora Wayman) three grandchildren via Oscar Wayman (defendants). After Lora's death, the family executed a deed conveying the land to another son, Fred Mercer (plaintiff), with Oscar Wayman signing on his own behalf and for Lora's children — but the deed had defects that left the Wayman children with an undivided one-seventh interest. Fred and his family farmed the land for 34 years, paid the taxes, took out mortgages, and signed three oil-and-gas leases; the Wayman children also separately signed an oil-and-gas lease during that time. Fred sued to void the Wayman children's lease; the trial court ruled for Fred on statute-of-limitations grounds, and the Wayman children appealed.