Logue v. Marsh

Plaintiffs, Virgie Wimple, Ruby Clearwaters, and Thomas Logue, appeal from an order of the circuit court of Douglas County granting defendants Clem and Dortha Marsh’s motion for summary judgment. The issues are whether the trial court erred in granting defendants’ motion for summary judgment as a matter of law through its construction of a warranty deed and oil lease, and whether defendants were entitled to an award of attorney fees.

In January or February, 1972, defendants purchased 27.7 acres of land from Mrs. Clearwaters, and Mr. and Mrs. Wimple. The warranty deed contained the following…