Welborn v. Tidewater Associated Oil Co.
United States Court of Appeals for the Tenth Circuit
217 F.2d 509 (10th Cir. 1954)
Smith held a life estate in a parcel of land. Smith was the legal guardian of Garrett, the owner of the remainder interest in the land. In 1943, Smith leased the remainder interest to Welborn (plaintiff). In 1952, Garrett and Smith issued an oil and gas lease to McDaniel, who assigned the lease to Tidewater Associated Oil Co. (Tidewater) (defendant). Welborn brought suit against Tidewater for slander of title. The trial court dismissed the complaint. Welborn appealed. During the course of the proceedings, Welborn’s primary lease term expired.
Rule of Law
Holding and Reasoning (Phillips, C.J.)
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