United States Court of Appeals for the Seventh Circuit
279 F.2d 381 (1960)
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 quit claim deed. After discovering that he could not obtain deeds from his sister or his nephew, Meirink returned his brother’s one-quarter interest by quit claim deed. Arthur Meirink subsequently executed an oil and gas lease affecting the same property to Robben (plaintiff). Robben filed suit in the state court of Illinois 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
Holding and Reasoning (Castle, J.)
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