Legal Opinion

Cora J. Davis, Also Known as Mrs. W. A. Davis, and Irvine J. Vawter v. Loyd Mann, D. Perkins Cobb, Harry Gradour, M. L. Shipley and C. H. Alberding

Court of Appeals for the Tenth Circuit

Decided May 18, 1956No. 5289PublishedCited by 6 opinions

1Opinion of the Court

MURRAH, Circuit Judge.

The sole question on this appeal is whether a reservation in a conveyance denominated a “Warranty Deed” is in legal effect a determinable oil and gas lease, as the trial court held, or a mineral deed, as the appellants contend. The facts are not in dispute.

On July 30, 1910, Cora J. Davis and her now deceased husband, W. A. Davis, executed a “Warranty Deed” to lands located in Nowata County, Oklahoma, re-: serving “unto themselves, their heirs and assigns, the oil and gas deposits under said premises for the purpose of prospecting and developing the same for oil and gas…

2Cases cited22 opinions

  1. Rich v. DonegheySupreme Court of Oklahoma · 1918
  2. Freeport Sulphur Co. v. American Sulphur Royalty Co.Texas Supreme Court · 1928
  3. Danciger Oil & Refining Co. v. PowellTexas Supreme Court · 1941
  4. Barker v. Campbell-Ratcliff Land Co.Supreme Court of Oklahoma · 1917
  5. Burns v. BastienSupreme Court of Oklahoma · 1935

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3Cited by6 opinions

  1. CHEYENNE MIN. AND URANIUM COMPANY v. Federal Resources Corp.Wyoming Supreme Court · 1985
  2. Mauch v. BallouWyoming Supreme Court · 1972
  3. Montana Eastern Pipe Line Co. v. Shell Oil Co.District Court, D. Montana · 1963
  4. Welles v. BerryDistrict Court of Appeal of Florida · 1983
  5. CHEYENNE MIN. AND URANIUM COMPANY v. Federal Resources Corp.Wyoming Supreme Court · 1985

1 more not listed; retrieve them via the Exa API.

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