Robben v. Obering

279 F.2d 381 (1960)

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Nature of the Case

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Facts

On November 7, 1953, Meirink executed an oil and gas lease covering a 21-acre tract of land in favor of Obering (D). Obering then conveyed a one-half interest in the lease to his wife (D). The lease contained a covenant in which Meirink agreed to defend title to the lands covered by the lease. D claims that, prior to the execution of the lease, Meirink represented to him that he owned the entire 21 acres covered by the lease. In June of 1956, an oil well was drilled on an adjacent tract of land. Meirink notified D of this fact and performed a title search with respect to his own tract. As a result of this search, Meirink learned that he, in fact, owned only a 1/4 interest in the tract: his brother Arthur, sister Laura, and a nephew each owned a 1/4 interest in the land. Meirink attempted to obtain each of their interests. He obtained a quitclaim deed from Arthur but was unable to obtain conveyances from the sister, who was incompetent, or the nephew, who was a minor. Upon learning of this, Meirink conveyed Arthur's interest back to him by quitclaim deed dated July 20, 1956, which was recorded on August 7, 1956. On November 2, 1956, Arthur executed an oil and gas lease to Robben (P). D defended against P's claim to the tract under the doctrine of after-acquired title, arguing that, when Meirink obtained title from Arthur, such title passed to them because Meirink had previously conveyed full oil and gas rights in the property. Accordingly, Meirink had nothing to reconvey to Arthur, and Arthur's conveyance to P was invalid. The lower court rejected this argument and found that Arthur's conveyance to P was valid. D appeals.