Robben v. Obering
United States Court of Appeals for the Seventh Circuit
279 F.2d 381 (1960)
- Written by Richard Lavigne, JD
Facts
Ed Meirink executed an oil and gas lease concerning a particular parcel of real property to E. A. Obering (defendant). The lease contained a covenant warranting good title to the subject property. A title search conducted after execution of the lease revealed that Meirink owned only a one-quarter interest in the leased property. The remaining one-quarter interests were held by Meirink’s brother, his sister, and a nephew. Meirink’s brother, Arthur, conveyed his interest to Meirink by quitclaim deed. After discovering that he could not obtain deeds from his sister or his nephew, Meirink returned his brother’s one-quarter interest by quitclaim deed. Arthur Meirink subsequently executed an oil and gas lease affecting the same property to Robben (plaintiff). Robben filed suit in Illinois state court seeking a declaratory judgment affirming his rights under the oil and gas lease. The state-court case was removed to the federal district court on grounds of diversity. The district court ruled in favor of Robben. Obering appealed.
Rule of Law
Issue
Holding and Reasoning (Castle, J.)
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