In 1928, Carl Michalak conveyed by warranty deed his interest subject to a reservation of the rights of Kloeckners to Joseph Michalak. In 1943, Joseph Michalak conveyed by quit claim deed his interest to W.V. Hron. TO HOLD the premises hereby conveyed, . . Hron filed a counter motion for summary judgment. A partial summary judgment was entered in favor of Millers, and the two partial summary judgments were incorporated in one final judgment.
Questions of law are fully reviewable.
This argument is without merit. The letter is between W.V. Hron and Theodore Swendseid who handled the closing of the sale. The letter makes no mention of any prior mineral reservation or of any intention to convey no mineral rights to Benjamin Huether. The deed purported to convey minerals to Huether and to reserve minerals to W.V. Hron. However, as the trial court recognized, the intent of the parties can be ascertained by the language alone used in the deed from W.V. Hron to Huether.