Lee v. Straughan
Supreme Court of Arkansas
Appeal from Ouachita Chancery Court; J. M. Barker, Chancellor; 1. Lhider the law, Lawrence Lee’s estate, including mineral rights, descended to his heirs at law as tenants in common, subject only to the widow’s unassigned dower and homestead rights. His estate'included all oil, gas and mineral rights, and the heirs had full right to partition the lands including such mineral rights.
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Appeal from Ouachita Chancery Court; J. M. Barker, Chancellor; 1. Lhider the law, Lawrence Lee’s estate, including mineral rights, descended to his heirs at law as tenants in common, subject only to the widow’s unassigned dower and homestead rights. His estate'included all oil, gas and mineral rights, and the heirs had full right to partition the lands including such mineral rights. Had Lawrence Lee during his lifetime conveyed the mineral rights in the land to Straughan then the heirs could not have partitioned the'oil and gas rights as against Straughan. 23 S. E. 664; 30 Cyc. 180 (b). But…
1Opinion of the CourtMcCulloch, C. J.
Lawrence Lee owned certain lands in Ouachita Comity containing 500 acres, and he died in the year 1912, leaving his widow and twelve children who are the plaintiffs in this action. On February 15, 1919, Fannie L. Lee, the widow, and J. W. Lee, one of the heirs at law of Lawrence Lee, deceased, executed to the defendant, M. H. Straughan, a lease granting to him for a certain period of time the right to explore the lands for gas and oil and to develop the same as an oil producing territory. The lease covered the whole of the lands, but the other heirs at law of Lawrence Lee did not join in the…
2Cases cited6 opinions
- Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
- Barker v. Campbell-Ratcliff Land Co.Supreme Court of Oklahoma · 1917
- Hudson & Collins v. McGuireCourt of Appeals of Kentucky · 1920
- People ex rel. Carrell v. BellIllinois Supreme Court · 1908
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
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3Cited by4 opinions
- Butler v. ButlerSupreme Court of Arkansas · 1928
- Braley v. Arkhola Sand & Gravel Co.Supreme Court of Arkansas · 1942
- McCabe Petroleum Corp. v. Easement & Right-Of-Way Across Township 12 North, Range 23 EastMontana Supreme Court · 2004
- McCabe Petroleum Corp. v. Easement & Right-Of-Way Across Township 12 North, Range 23 EastMontana Supreme Court · 2004