Oklahoma Ex Rel. Commissioners of Land Office v. Butler
Supreme Court of Oklahoma
753 P.2d 1334 (Okla. 1987)
Claude Butler (plaintiff) bought parcels of land that the seller initially acquired from the State of Oklahoma (defendant). In the initial sales, the state reserved for itself a portion of the rights to “oil, gas and other minerals and mineral rights.” Butler brought suit against the state to quiet title in the right to coal on the land. The Oklahoma Commissioners of Land Office (Commissioners) (defendants) counterclaimed to quiet title in the state’s interest in the coal. Butler argued that the definition of “other minerals” did not include coal. The Commissioners argued that it should be permitted to introduce extrinsic evidence on the issue. The trial court granted Butler’s motion for summary judgment. The Commissioners appealed, arguing that the phrase “oil, gas and other minerals” is ambiguous and requires parol evidence to effectuate intent of the parties to the sale.
Rule of Law
Holding and Reasoning (Simms, J.)
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