Ford v. Lester

139 So. 3d 22, 2014 WL 1911883, 1965 La. App. LEXIS 4673
CourtLouisiana Court of Appeal
DecidedMay 14, 2014
DocketNo. 48,932-CA
StatusPublished
Cited by5 cases

This text of 139 So. 3d 22 (Ford v. Lester) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. Lester, 139 So. 3d 22, 2014 WL 1911883, 1965 La. App. LEXIS 4673 (La. Ct. App. 2014).

Opinion

STEWART, J.

LAt issue in this appeal is the ownership of mineral rights underlying two 20.2-acre tracts of land (“the disputed property”) in Caddo Parish. After a bench trial, the trial court denied the claims of the plaintiffs, who are the surface owners of the disputed property and who sought, along with other relief, to be declared owners of the mineral rights underlying their land. The plaintiffs now appeal. For the reasons set forth in this opinion, we affirm the trial court’s judgment.

FACTS

Plaintiffs Gene Bartlett Haskins (“Has-kins”) and spouses Preston William Ford and Elissa Amaral Ford (“the Fords”) filed suit on July 21, 2010, against spouses Clyde Lester and Mary Elizabeth Gunning Lester (“the Lesters”), along with Chesapeake Louisiana, L.P. (“Chesapeake”), for declaratory and injunctive relief plus damages. Later, the plaintiffs amended their petition to add PXP Louisiana, LLC, and Larchmont Resources, LLC, as defendants; both are assignees of Chesapeake. Plaintiffs also added Andrea Lynn Ford Braniff (“Braniff’) as a plaintiff; Braniff is the Fords’ daughter to whom they donated all their rights, title, and interest in one acre, more or less, of their land. References to the Fords’ claims will encompass Braniff s claims concerning the acre donated to her by her parents.

The Fords and Haskins each purchased 20.2 acres of land from the Lesters’ ancestors-in-title on April 19, 1977, in separate credit sale deeds. The gist of the plaintiffs’ 26-page petition is their claim to be declared owners of the mineral rights to the disputed property and to 12have certain mineral leases, particularly leases executed in June 2008 by the Lesters in favor of Chesapeake, to be reformed to reflect that they do not cover the disputed property. The plaintiffs claim that they obtained ownership of the mineral rights from the defendants ancestors-in-title by execution of the credit sale deeds and by accrual of the 10-year prescription of nonuse on April 19,1987.

The brief testimony adduced during the bench trial along with the 109 exhibits introduced into evidence by the parties established the relevant facts for determination of who owns the mineral rights at issue.1 In 1935, the Lesters’ ancestor-in-[24]*24title, Elbert Moncrief (“Elbert”), purchased the following described property:

All of the North 1212 Feet of the Northeast Quarter (NE ⅜) of Section thirty four (34), containing 73.65 acres and all that part of the North 1212 Feet of the Northwest Quarter (NW ⅜) of Northwest Quarter (NW ⅝) of Section thirty five (35), lying westerly from the center line of the Greenwood Bethany Paved Road, containing 12.51 acres, all in Township Seventeen (17) North, Range Sixteen West (216W), Caddo Parish, Louisiana[.]

At the time of the purchase, Elbert was married to Marie Burrow Moncrief (“Marie”), so the property was them community property. Elbert entered a mineral lease covering the property on March 23, 1953. By February 13, 1956, the TP SUK Minor Unit No. 1 Well, which covers a 640-acre production unit that includes the property purchased by Elbert, began producing and continues to do so today. The well was drilled to a depth of 9,059 feet.

| aAfter Elbert’s death on January 14, 1965, his will was probated and a judgment of possession was signed on March 23, 1965. The judgment of possession recognized Marie’s ownership of an undivided one-half interest in all the community property. As to Elbert’s half of the community property, Marie, as a legatee, was sent into possession of one-half of Elbert’s community property and granted a usu-fruct over the remainder. Burette Mon-crief Gunning (“Burette”) and George Elbert Moncrief (“George”), the children of Elbert and Marie, were sent into possession of an undivided one-fourth interest in the property of the deceased, subject to the usufruct in favor of Marie. In summation, Marie owned three-fourths of the former community property, while Burette and George had the naked ownership of the remaining undivided one-fourth of the property, subject to Marie’s usufruct.

On February 12, 1970, Marie executed a donation (hereafter “the 1970 donation”) involving two dispositions. First, Marie donated to George and Burette in equal portions “[a]ll of her right, title and interest” in land in “Sections 26, 27, 34 and 35, Township 17 North, Range 16 West” in Caddo Parish. Second, Marie donated a separate smaller tract to George. Following the two dispositions, the act of donation states:

Grantor reserves unto herself all of the oil, gas and other minerals in and under said property during the remainder of her life, together with all income from minerals from said property.
Grantor further reserves the right to live in the home last above described during the remainder of her life without payment of any rent on same.

|4The donation was an authentic act signed by Marie as grantor and by George and Burette as grantees before a notary public and two witnesses.

Eight months later, on October 10,1970, Marie, George, and Burette executed another authentic act relative to the donation. This instrument, which we will refer to as the “clarification instrument,” states in relevant part:

Whereas, by instrument dated February 12, 1970, Marie Burrow Moncrief executed a donation to her son, George Elbert Moncrief, and her daughter, Bu-rette Moncrief Gunning of certain properties, which instrument is recorded in the Records of Caddo Parish, Louisiana, under Instrument No. 499,960, and,
WHEREAS, it was the intention of all parties that Marie
[25]*25Burrow Moncrief did reserve all usu-fruct of income from the property during the remainder of her life,
NOW, THEREFORE, the parties do agree as follows:
That all income from minerals, timber, rights of way and any and all other income from said property is hereby the property of Marie Burrow Moncrief, and always has been her property during the remainder of her life.

Then on January 12, 1971, Marie and George executed another authentic act designated as a “Correction of Donation,” (hereafter “the correction instrument”) to correct the description of the property donated to George individually in the 1970 donation. After the corrected property description, the instrument states:

Grantor reserves unto herself the usu-fruct of all income from said property, including all income from minerals during the remainder of her life, together with the right to live in said property without payment of any rent.

|sOn April 19,1977, George, Burette, and Marie, in two separate but substantially identical acts, sold the disputed property to the Fords and Haskins.2 Both credit sale deeds list George and Burette as vendors along with Marie, who is described as

“joining herein for the purpose of conveying all of her right, title and interest in and to the property, together with all reservations of minerals, income rights, timber rights, all rights of usufruct and habitation and all other rights in and to the below described property.”

The deeds also contain the following reservation:

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Cite This Page — Counsel Stack

Bluebook (online)
139 So. 3d 22, 2014 WL 1911883, 1965 La. App. LEXIS 4673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-lester-lactapp-2014.