Fourth National Bank of Tulsa v. Appleby

Although I concur in portions of the opinion I must respectfully dissent from the Court’s conclusion that ANR’s lien is ineffective as to any material or services provided more than three years before the lien was perfected by filing. Our recent case of Samuel Roberts Noble Foundation v. Vick, 840 P.2d 619 (Okla.1992) and the earlier decisions on which it relies should dictate a different result.

The majority reasons that the oral agreement between the operator of the oil well and Appleby is the obligation upon which the lien is based. Under 12 O.S.1991 § 95, this obligation — an oral contract…