Logourl black
From our private database of 14,200+ case briefs...

Acoma Oil Corp. v. Wilson

North Dakota Supreme Court
471 N.W.2d 476 (N.D. 1991)


Facts

H.O. Moen owned a tract of land. He conveyed a cumulative 6.5 percent royalty interest in all gas and oil produced from the land to third parties. Subsequently, Moen conveyed the entire tract to Clayton Wilson by warranty deed. The deed did not mention the previously conveyed royalty interests. Wilson later conveyed an undivided 35/320 interest and an undivided 5/320 interest in the land’s oil and gas to Thomas Leach. Specifically, the deeds conveyed 35 and five “mineral acres,” respectively. These deeds did not mention the originally conveyed 6.5 percent royalty interests. Leach later obtained a title opinion, which found the 6.5 percent royalty interests. Acoma Oil Corp. and Clarke Bassett (plaintiffs) later obtained portions of the 35 and five mineral acres. Their deeds did not mention the originally conveyed 6.5 percent royalty interests. When Wilson and his wife died, their interest in the land passed to their children (Wilson children) (defendants). The plaintiffs brought suit against the Wilson children, seeking a declaration that their interests were not burdened by the originally conveyed 6.5 percent royalty interests. The trial court found in favor of the Wilson children, holding that Duhig v. Peavy-Moore Lumber Co., 144 S.W.2d 878 (Tex. 1940), did not apply, because of equitable estoppel in relation to Leach’s knowledge of the 6.5 percent royalty interests. The plaintiffs appealed. 

Rule of Law

Issue

Holding and Reasoning (Erickstad, C.J.)

Concurrence (Vande Walle, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.