The deed at issue was entitled 'Warranty Timber and Mineral Deed.' Its granting clause purported to convey 'the said tract of land,' and went on to describe it. However, a subsequent clause in the deed, as well as the title, indicate that all that is being conveyed are mineral and timber rights. The grantee's heirs (P) filed a declaratory judgment action, seeking construction of the deed. The lower court found in their favor, holding that the deed conveyed a fee simple. The State of Oregon (D), whose interest in the property derives from the fact that the grantor had no heirs or legatees, and therefore the property would escheat, appeals.

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