Welborn v. Tidewater Associated Oil Company

217 F.2d 509 (10th Cir. 1954)

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Nature of the Case

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Facts

Since June 9, 1943, Smith has been the owner of a life estate, and Garrett the owner of the remainder interest in a 98-acre tract of land. On June 9, 1943, Smith, acting as the duly appointed guardian of Garrett made an oil and gas lease to P by which the interest Garrett’s land was leased to P for a primary term of ten years from June 9, 1943. On November 17, 1952, McDaniel procured the execution of an oil and gas lease covering such a tract of land from Smith and Garrett. This lease was recorded in the office of the county clerk on February 11, 1953. On December 18, 1952, D procured a written assignment of such lease from McDaniel and on February 11, 1953, recorded such assignment in the office of the county clerk. On March 2, 1953, P demanded that D release the McDaniel lease, on the ground it constituted a cloud on the oil and gas lease held by P. P sued D for slander of title, and the complaint was dismissed. Of course, P’s lease expired during the suit. P appealed.