Panhandle Co-Operative Royalty Co. v. Perry

Supreme Court of Oklahoma

Panhandle Co-Operative Royalty Co. v. Perry

1938 OK 243, 82 P.2d 823, 183 Okla. 405, 1938 Okla. LEXIS 286

CourtSupreme Court of Oklahoma

DecidedApril 5, 1938

DocketNo. 27469.

StatusPublished

Cited by1 cases

This text of 1938 OK 243 (Panhandle Co-Operative Royalty Co. v. Perry) is published on Counsel Stack Legal Research, covering Supreme Court 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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Panhandle Co-Operative Royalty Co. v. Perry, 1938 OK 243, 82 P.2d 823, 183 Okla. 405, 1938 Okla. LEXIS 286 (Okla. 1938).

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Opinion

PHELPS, J.

This is a companion case to cause No. 27462, Farmers Union Co-Operative Royalty Co. et al. v. J. R. Southward et al, this day decided, 183 Okla. 402, 82 P.2d 879. The cases were consolidated for trial in the district court and tried together. Separate judgments were rendered, and the causes are here on separate appeals.

The facts relating to the plan of operation in creating the royalty pool are the same as in cause No. 27462 except the names of the grantors and grantees, the date of the contracts, and the description of the mineral rights conveyed and the number of headrights alleged to have been contemplated by the parties at the time of the execution of the agreements.

In the present • action the American Finance Corporation was made a party defendant, and, on its motion, the action as to such defendant was dismissed by the trial court, from which order there is no Cross-appeal. The assignments of error and the questions of law presented are identical with those in cause No. 27462 and are fully discussed therein. It is, therefore, unnecessary for this court to discuss the questions involved here further than they have been discussed in No. 27462, and the rules of law therein announced are announced as the rules in this case.

*406 Accordingly the judgment of the trial court is reversed and the cause remanded, with directions to dismiss the action.

BAYLESS, V. O. .L, and WELCH, CORN, and HURST, JJ., concur.

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PHELPS, J.

This is a companion case to cause No. 27462, Farmers Union Co-Operative Royalty Co. et al. v. J. R. Southward et al, this day decided, 183 Okla. 402, 82 P.2d 879. The cases were consolidated for trial in the district court and tried together. Separate judgments were rendered, and the causes are here on separate appeals.

The facts relating to the plan of operation in creating the royalty pool are the same as in cause No. 27462 except the names of the grantors and grantees, the date of the contracts, and the description of the mineral rights conveyed and the number of headrights alleged to have been contemplated by the parties at the time of the execution of the agreements.

In the present • action the American Finance Corporation was made a party defendant, and, on its motion, the action as to such defendant was dismissed by the trial court, from which order there is no Cross-appeal. The assignments of error and the questions of law presented are identical with those in cause No. 27462 and are fully discussed therein. It is, therefore, unnecessary for this court to discuss the questions involved here further than they have been discussed in No. 27462, and the rules of law therein announced are announced as the rules in this case.

*406 Accordingly the judgment of the trial court is reversed and the cause remanded, with directions to dismiss the action.

BAYLESS, V. O. .L, and WELCH, CORN, and HURST, JJ., concur.

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1938 OK 243, 82 P.2d 823, 183 Okla. 405, 1938 Okla. LEXIS 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/panhandle-co-operative-royalty-co-v-perry-okla-1938.

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