Oklahoma Court of Civil Appeals
661 P.2d 535 (Okla. Civ. App. 1983)
Herbert Mayberry (defendant) conveyed surface rights of a tract of land to the grantees, but reserved “and undivided one-half (1/2) interest in and to all of the oil, gas and other minerals in and under and that may be produced from said property . . . the said interest in the oil, gas and other minerals so reserved shall be nonparticipating in bonus and rental rights on oil and gas leases.” Robert Anderson (plaintiff) leased oil and gas rights on the land from the grantees. Anderson did not sign a lease with Mayberry, despite the reservation in Mayberry’s conveyance. Anderson filed suit to quiet title, arguing that in the conveyance Mayberry impliedly conveyed his right to lease any of the property’s oil and gas rights. The trial court found in favor of Anderson. Mayberry appealed.
Rule of Law
Holding and Reasoning (Reynolds, J.)
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