Trusler v. Grigsby

286 P.2d 603, 74 Wyo. 204, 4 Oil & Gas Rep. 2016, 1955 Wyo. LEXIS 33
Wyoming Supreme Court·Decided July 26, 1955·No. No. 2679·Published

Opinion

[208] OPINION

Riner, Chief Justice.

Anna L. Trusler and her husband, Albert Ray Trusler, as plaintiffs brought their action in the district court of Sheridan County to cancel a mineral deed by which the wife had conveyed to one Foster C. Grigsby an undivided one-half interest in all the oil, gas, and other minerals in and under and that may be produced from certain lands in Sheridan County, Wyoming, described as follows: SW¼NE¼, SE¼NW¼, E½ SW¼, SE¼ sec. 24, T. 58 N., R. 85 W., sixth principal meridian, containing 320 acres more or less. Being unsuccessful in that action, they have brought the case here by direct appeal, seeking a reversal of the judgment in the court below. That judgment was rendered by the court, no jury being called, and, omitting formal parts, is to the following effect:

“Whereupon the Court proceeded to take and hear the evidence and the testimony of the parties and their witnesses and, upon a full consideration of the issues, of the applicable law, and of the facts as the same appeared by admission, evidence and testimony, made and entered its findings of fact; its conclusion of law, [209] and its judgment thereon, all as follows, to-wit:

“FINDINGS OF FACT

“In addition to the facts admitted in the pleadings and by stipulation between the parties, the Court makes the following findings of fact, to-wit:
“1. The mineral interest conveyed by the plaintiff, Anna L. Trusler, to the defendant, Foster C. Grigsby, was not owned, held and occupied by the plaintiffs as homestead property. This allegation was abandoned by the plaintiff in open Court.
“2. That at the time the mineral interest in question was conveyed, to-wit, April 12, 1952, the lands in question were of no value as oil producing properties and that no oil, gas or other hydrocarbon substances were then being produced therefrom; that any value of the mineral interest conveyed was prospective, remote and speculative only, a fact which was known to both the plaintiffs and the defendant.
“3. That the consideration paid for said mineral interest, to-wit, |5,500.00, was not inadequate or insufficient and there is no showing made that said consideration was not commensurate with the value of lands similarly situated.
“4. That the mineral deed in question, together with its acknowledgment, as well as the draft and the written receipt therefor are complete upon their face and are certain and definite as to the parties’ engagement. “5. That the said mineral deed in question represents the entire contract of the parties and the full extent and manner of their undertaking.
“6. That at the time the plaintiff, Anna L. Trusler, made and executed the mineral deed in question she understood the full nature of the transaction in which she was engaged.
“7. That at the time the plaintiff, Anna L. Trusler, made and executed the mineral deed in question, she acted of her own free will and accord and not by reason of any coercion, duress, or undue influence on the part of the defendant or anyone acting in his behalf.
“8. That the plaintiff, Anna L. Trusler, was not in[210] duced to make and execute the mineral deed in question by any misrepresentation, false representation, or fraud on the part of the defendant or anyone acting in his behalf.

“CONCLUSION OF LAW

“The Court makes the following conclusions of law:

“1. That the mineral deed made and entered into under date of April 12, 1952, wherein the plaintiff, Anna L. Trusler, together with other signatories, conveyed and warranted to the defendant, Foster C. Grigsby, an undivided one-half interest in and unto all of the oil, gas and other minerals in, upon and under the following described property situate in Sheridan County, State of Wyoming, to-wit: The SW¼NE¼, SE¼NW¼, E½ SW¼, and the SE% of Section 24, Township 58 North, Range 85 West of the 6th P.M. witness and constitutes a good, valid and legal conveyance of said interest to said defendant.
“2. That the plaintiffs herein should take nothing by their petition herein and that title to the above described interest should be quieted in the defendant, Foster C. Grigsby.

“JUDGMENT

“IT IS, THEREFORE, BY THE COURT ORDERED, ADJUDGED AND DECREED

“1. That the plaintiffs, Albert Ray Trusler and Anna L. Trusler, take nothing by their petition and that judgment be, and hereby is, entered for the defendant, Foster C. Grigsby, on each of the five separate causes of action contained in plaintiff’s petition.
“2. That the defendant, Foster C. Grigsby, have judgment against the plaintiffs and each of them upon his cross-petition, quieting title in him, as owner, against any and all adverse claims of interest now, or hereafter, asserted by the plaintiffs herein or either of them, or anyone claiming by, through or under them, in and unto the following described mineral interest, to-wit: an undivided one-half interest in and unto all of the oil, [211] gas or other minerals in, upon or under the following-described real property in Sheridan County, State of Wyoming, to-wit: The SW¼NE¼, SE¼NW¼, E½ SW¼, and the SE¼ of Section 24, Township 58 North, Range 85 West of the 6th P.M.
"8. That the costs of this action are assessed at $22.80 and are taxed to the plaintiffs herein.
“4. That the plaintiffs are allowed their exception.”

As indicated above, dissatisfied with the result obtained in the district court, plaintiffs as appellants have brought the cause here by direct appeal for review.

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

Trusler v. Grigsby, 286 P.2d 603, 74 Wyo. 204, 4 Oil & Gas Rep. 2016, 1955 Wyo. LEXIS 33 (Wyo. 1955).

286 P.2d 603 (Trusler v. Grigsby) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Jacoby v. City of Gillette
174 P.2d 505 (Wyoming Supreme Court, 1946)
First National Bank of Green River v. Barrett
93 P.2d 510 (Wyoming Supreme Court, 1939)
Edelman v. Edelman
199 P.2d 840 (Wyoming Supreme Court, 1948)
Bruch v. Benedict Barnes Bros.
165 P.2d 561 (Wyoming Supreme Court, 1946)
Swanson v. Johnson
122 P.2d 423 (Wyoming Supreme Court, 1942)
Willis v. Willis
49 P.2d 670 (Wyoming Supreme Court, 1935)
Corey v. B. D. Pennington Co.
200 P.2d 333 (Wyoming Supreme Court, 1948)
Holly Sugar Corp. v. Fritzler
296 P. 206 (Wyoming Supreme Court, 1931)
Conway v. Smith Mercantile Co.
46 P. 1084 (Wyoming Supreme Court, 1896)
Patterson v. Lee-Clarke-Andreesen Hardware Co.
52 P. 1085 (Wyoming Supreme Court, 1898)
Lellman v. Mills
87 P. 985 (Wyoming Supreme Court, 1906)
Phelan v. Cheyenne Brick Co.
188 P. 354 (Wyoming Supreme Court, 1920)
McFadden v. French
213 P. 760 (Wyoming Supreme Court, 1923)
Edwards v. Willson
219 P. 233 (Wyoming Supreme Court, 1923)
Andrejwski v. Wolverine Coal Co.
148 N.W. 684 (Michigan Supreme Court, 1914)
Schroetke v. Jackson-Church Co.
160 N.W. 383 (Michigan Supreme Court, 1916)