Legal Opinion · Dissent

Magnolia Petroleum Co. v. Carter Oil Co.

Court of Appeals for the Tenth Circuit

Decided August 30, 1954No. 4801Published

1DissentPickett, Circuit Judge

In Oklahoma, when school lands are sold under deferred payment contracts, the legal title remains in the State, but the equitable title is conveyed to the purchaser who is entitled to the possession, rents, and profits. He is the owner against the world, except the State. Stevens v. Patten, 174 Okl. 582, 50 P.2d 1106. He becomes the owner of the land, subject to the lien of the State for the deferred payments. 64 Okl.St.Ann. § 187; First Nat. Bank of Butler v. Welch, 119 Okl. 270, 250 P. 100. He may convey by deed an undivided interest in the land which is good against anyone acquiring legal…

2Cases cited23 opinions

  1. Campbell v. HoltSupreme Court of the United States · 1885
  2. Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
  3. Fahey v. O'Melveny & Myers Federal Home Loan Bank of San Francisco v. O'Melveny & MyersCourt of Appeals for the Ninth Circuit · 1952
  4. United States v. Nebo Oil Co., IncCourt of Appeals for the Fifth Circuit · 1951
  5. Anderson-Prichard Oil Corp. v. Corporation CommissionSupreme Court of Oklahoma · 1951

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