Schnitt v. McKellar
Supreme Court of Arkansas
427 S.W.2d 202 (1968)
McKellar's heirs conveyed an undivided one-fourth mineral interest in a tract of land to Carmichael and Stevens (defendants), while retaining the remaining mineral interest for themselves. A successor in interest to the heirs (plaintiff) sued for a declaratory judgment confirming the parties' respective interests and for partition of all the mineral interests. The trial court confirmed Carmichael and Stevens's interests but denied the plaintiff's request for partition, and the plaintiff appealed.
Whether owners of undivided mineral interests are entitled to either partition or sale against the remaining owners, unless the partition is being used as an instrument of fraud or oppression against those remaining owners.