Verble v. Coffman

GAMMAGE, Justice.

Laura M. Verble and others appeal from the trial court’s summary judgment in favor of C.M. McAnelly, and others. We will affirm the judgment in part, reverse it in part, and remand the cause in part.

The facts in this case are undisputed. M.W. McCurdy owns the surface and mineral estates in a 149-acre tract subject to a non-participating royalty interest. This royalty interest is owned in the northern one-half of the tract by the McAnellys, and in the southern one-half by the Verbles. In 1979 McCurdy granted an oil and gas lease covering the entire tract to Thomas D. Coffman…