Mullinnix, LLC v. HKB Royalty Trust
Supreme Court of Wyoming
2006 WY 14, 126 P.3d 909, 162 O. & G.R. 584 (2006)
- Written by Sean Carroll, JD
Facts
In 1944, Jerry and Effie Hickman conveyed a tract of land to Ed Willard but reserved “one-half of all oil and commercial gravel rights” in the land. Bernice Groves (plaintiff), the successor in interest to Willard, sued to quiet title in the property’s gas. John Hickman (defendant), the successor in interest to the Hickmans, filed a countersuit, claiming that he owned one-half of the gas, because by reserving “oil rights,” the Hickmans reserved the rights to all minerals. At trial, witnesses testified that at the time of the conveyance, the term “oil rights” was used in the industry to refer to all mineral rights. Witnesses also testified, however, that this trade usage was normally employed on an informal basis and that in formal documents such as deeds, parties were more specific with the minerals they were referencing. Groves presented as evidence deeds conveyed during the 1940s that specifically referenced both oil and gas. The trial court found in favor of Groves. Hickman appealed.
Rule of Law
Issue
Holding and Reasoning (Kite, J.)
What to do next…
Here's why 806,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.
