Hutchison v. McClure

Court of Civil Appeals of Oklahoma

Hutchison v. McClure

1980 OK CIV APP 31, 621 P.2d 546, 1980 Okla. Civ. App. LEXIS 142

CourtCourt of Civil Appeals of Oklahoma

DecidedJune 17, 1980

DocketNo. 53077

StatusPublished

Cited by2 cases

This text of 1980 OK CIV APP 31 (Hutchison v. McClure) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hutchison v. McClure, 1980 OK CIV APP 31, 621 P.2d 546, 1980 Okla. Civ. App. LEXIS 142 (Okla. Ct. App. 1980).

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Opinion

REYNOLDS, Presiding Judge:

Claude E. Hutchison and Ollie Lee Hut-chison (Appellants) appeal the trial court’s determination that Appellants’ 1964 Warranty Deed to Appellees’ predecessor in title did not reserve in them a one-half interest in the coal underlying the property.

That basic facts are not in dispute. The parties stipulated that a conveyance or reservation of “oil, gas, and other minerals” standing along does not include coal, citing Sloan v. Peabody Coal Co., 547 F.2d 115 (10th Cir. 1977). The trial court properly applied the provisions of Title 16 O.S.1971, § 19, and the rule set out in Sloan when it determined that Appellants’ 1964 Warranty Deed containing a reservation of “oil, gas, and other minerals” did not reserve in Appellants an interest in the coal. AFFIRMED.

BOX and ROMANG, JJ., concur.

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REYNOLDS, Presiding Judge:

Claude E. Hutchison and Ollie Lee Hut-chison (Appellants) appeal the trial court’s determination that Appellants’ 1964 Warranty Deed to Appellees’ predecessor in title did not reserve in them a one-half interest in the coal underlying the property.

That basic facts are not in dispute. The parties stipulated that a conveyance or reservation of “oil, gas, and other minerals” standing along does not include coal, citing Sloan v. Peabody Coal Co., 547 F.2d 115 (10th Cir. 1977). The trial court properly applied the provisions of Title 16 O.S.1971, § 19, and the rule set out in Sloan when it determined that Appellants’ 1964 Warranty Deed containing a reservation of “oil, gas, and other minerals” did not reserve in Appellants an interest in the coal. AFFIRMED.

BOX and ROMANG, JJ., concur.

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1980 OK CIV APP 31, 621 P.2d 546, 1980 Okla. Civ. App. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchison-v-mcclure-oklacivapp-1980.

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