Gill v. Gipson

982 So. 2d 415, 2007 WL 2302929
CourtCourt of Appeals of Mississippi
DecidedAugust 14, 2007
Docket2006-CA-00166-COA
StatusPublished
Cited by1 cases

This text of 982 So. 2d 415 (Gill v. Gipson) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gill v. Gipson, 982 So. 2d 415, 2007 WL 2302929 (Mich. Ct. App. 2007).

Opinion

982 So.2d 415 (2007)

Preston O. GILL, Appellant
v.
Brenda Royals GIPSON, Judy Royals McInnis, Catherine Royals Jones, Deborah Royals Norton and Christy Renee Royals, Appellees.

No. 2006-CA-00166-COA.

Court of Appeals of Mississippi.

August 14, 2007.
Rehearing Denied January 15, 2008.

*417 R. Andrew Foxworth, attorney for appellant.

Lawrence C. Gunn, Jr., attorney for appellees.

Before MYERS, P.J., CHANDLER and GRIFFIS, JJ.

GRIFFIS, J., for the Court.

¶1. The Appellees commenced this action by filing their complaint to confirm title to overriding royalty interest in oil, gas, and minerals, to recover monies erroneously paid and for attorney's fees. The essential claim presented is to interpret and enforce the Royals' 1/8 interest in an oil, gas and mineral lease. After a trial, the chancellor awarded a judgment against Preston O. Gill in the amount of $55,538 for oil royalties, $40,272 for gas royalties, prejudgment interest in the amounts of $11,767 and $7,969 for the oil and gas royalties, respectively, future royalties, punitive damages in the amount of $10,000 and attorney's fees in the amount of $10,000. On appeal, Gill argues that there was reversible error in the chancellor: (1) finding and interpreting the assignment that imposed an overriding royalty in favor of the Royals; (2) finding the Royals were entitled to prejudgment interest; (3) finding the Royals were entitled to punitive damages and attorney's fees; and (4) not finding that the assignment provision violated the rule against perpetuities.

FACTS

¶2. Wessie Mae Lowe was the sole owner of approximately eighty-four acres of land in Pearl River County, Mississippi. On June 16, 1970, she executed an oil, gas and mineral lease (the "lease") in favor of D.L. Royals. The lease contained a clause that if there was no oil or gas production for a period of sixty consecutive days the lease would automatically terminate. A well was located on a portion of the property and it became known as the "A.L. Lowe #1."

¶3. D.L. Royals operated the well from 1970 until his death in 1989. After his death, his daughter, Brenda Gipson, operated the well. After his death, D.L. Royals' interest in the lease passed to his heirs, the appellees in this action (the "Royals").

¶4. Preston O. Gill is a landman. Gill attempted to negotiate the purchase of the well for his client, William C. Culp (owner of L & M Oil, Inc. and C.C.M. Enterprises, Inc.) and his prospective business joint venturer, John M. Dubose, Sr. (owner of Blue Diamond, Inc.). At that time, Gill was the exclusive agent for L & M Oil, Inc. and C.C.M. Enterprises, Inc.

¶5. In 1991, the Royals were approached by Dubose about acquiring the lease and were informed that Gill would contact them about the proposal. Gill and Dubose then presented the Royals an offer to purchase the lease. The offer was presented by Gill, on behalf of L & M Oil, Inc., and Dubose, on behalf of Blue Diamond, *418 Inc. Gill had no ownership of either company. The offer presented was rejected by the Royals.

¶6. After speaking with Dubose and his son, John Dubose, Jr. ("Tap"), Gill was asked to present an offer on behalf of PRP, Inc. PRP, Inc. was a new corporation solely owned by Tap. After receiving permission from L & M Oil, Inc., Gill presented PRP, Inc.'s offer to the Royals.

¶7. On July 4, 1991, the Royals assigned their interest in the Lease to PRP, Inc. The assignment of the lease contained the following provision, which is a the center of this dispute.

9. RESERVATION OF OVERRIDING ROYALTY As a further consideration for the execution of this assignment, Assignor hereby reserves unto itself, its successors and assigns, and Assignee hereby grants and conveys to Assignor, as an overriding royalty, one-eight of eight-eighths (1/8 of 8/8) part of all oil, gas, and other minerals produced and marketed or used from the assigned acreage, and being free of all costs of operation, by this assignment under and by virtue of the lease hereby assigned or any renewals or extensions thereof.
Also, if the lease hereby partially assigned should expire for any reason and Assignee or any of its employees, agents or any corporation in which Assignee or any of said persons has any interest shall secure any future lease of the assigned acreage or any production of oil, gas and other minerals in, on and under the land described in the lease hereby partially assigned, the Assignor shall receive an overriding royalty of one-eighth of eight eighths (1/8 of 8/8) of all oil, gas and other minerals produced and marketed or used from said property, being free from all costs of operation.

¶8. At trial, Gill described his involvement in this transaction as a "courtesy" for the Royals and PRP, Inc. Less than two months later, on August 23, 1991, PRP, Inc. assigned Gill a 2.5% carried working interest and a 1.875% net revenue interest in the lease.

¶9. Three years later, on August 23, 1994, PRP, Inc. assigned its interest in the lease to Trinity Oil & Gas Development, Inc. Then, on August 26, 1997, Trinity assigned its interest to Gill.

¶10. Gill continued production of A.L. Lowe #1 until October of 1998. Then, for the alleged reason of increased costs, Gill ceased production of oil and gas from A.L. Lowe # 1. The well was shut in, but not plugged.

¶11. Gill then called Donald Wayne Lowe and asked him what did he want to do. At that time, Lowe was the current owner of the land and all mineral interests since, as Gill claimed, the lease was terminated. Lowe told Gill that he wanted a new lease. On March 31, 1999, Lowe executed an oil, gas and mineral lease to Preston O. Gill Operating Company. The lease was prepared by Gill. This lease was executed approximately three months after Gill ceased production on A.L. Lowe #1.

¶12. On February 8, 2000, Gill, individually and not on behalf of Preston O. Gill Operating Company, assigned a ten percent working interest and ten percent net revenue interest in the lease to Lowe. In this assignment, Gill claimed that he was the owner of the entire working interest and net revenue interest on the A.L. Lowe #1 well.

¶13. After February of 1999, the Royals received no more royalties under the 1991 lease. They were never informed that the well was to be shut down in 1999. Gill claimed that the underlying lease terminated automatically after sixty days *419 passed without production. Gill claims that with the expiration of the original lease, the Royals' rights to royalties likewise terminated.

¶14. On July 28, 2001, the Royals commenced this action and filed their complaint to confirm title to overriding royalty interest in oil, gas, and minerals, to recover monies erroneously paid and for attorney's fees. The chancellor rendered a memorandum opinion that found that Preston Gill was an agent of PRP, Inc. and had breached a duty of good faith and fair dealing with the Royals. The chancellor then entered a final judgment that awarded the Royals $42,734.62 for oil royalties and $29,469.72 for gas royalties. The chancellor also awarded the Royals prejudgment interest in the amounts of $11,236.27 and $7,474,71 for the oil and gas royalties due. In addition, the chancellor awarded the Royals $10,000 in punitive damages and $10,000 in attorney's fees. It is from this judgment that Gill appeals.

STANDARD OF REVIEW

¶15. A chancellor's findings of fact will not be disturbed unless manifestly wrong or clearly erroneous. Sanderson v. Sanderson, 824 So.2d 623, 625 (¶8) (Miss. 2002).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jowers v. BOC Group, Inc.
608 F. Supp. 2d 724 (S.D. Mississippi, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
982 So. 2d 415, 2007 WL 2302929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gill-v-gipson-missctapp-2007.