Waldock v. Amber Harvest Corp.

2012 ND 180, 820 N.W.2d 755, 2012 WL 3734378, 2012 N.D. LEXIS 191
CourtNorth Dakota Supreme Court
DecidedAugust 30, 2012
DocketNo. 20120064
StatusPublished
Cited by7 cases

This text of 2012 ND 180 (Waldock v. Amber Harvest Corp.) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waldock v. Amber Harvest Corp., 2012 ND 180, 820 N.W.2d 755, 2012 WL 3734378, 2012 N.D. LEXIS 191 (N.D. 2012).

Opinion

KAPSNER, Justice.

[¶ 1] Joe Waldock appeals from a summary judgment quieting title to 25 percent of the mineral interests under a tract of land in Mountrail County in the successors in interest of the Estate of William C. Edwardson. Waldock argues the district [757]*757court erred in deciding a 1954 administrator’s deed from Edwardson’s Estate to Waldoek’s predecessor in interest, Clark Van Horn, was equivalent to a quitclaim deed and in deciding the rule for interpreting mineral conveyances from Duhig v. Peavy-Moore Co., 135 Tex. 503, 144 S.W.2d 878 (1940), was not applicable to the administrator’s deed. We conclude the legal effect of the plain language of the administrator’s deed conveyed 25 percent of the mineral interests to Waldock’s predecessor in interest and reserved 25 percent of the mineral interests to Edward-son’s Estate. We affirm.

I

[¶ 2] When he died, Edwardson owned 50 percent of the mineral interests under a tract of land in Mountrail County and the United States owned the other 50 percent of the mineral interests. After obtaining a county court order approving and confirming the sale, the administrator of Edward-son’s Estate issued an administrator’s deed to Van Horn in 1954, which “granted, bargained, sold and conveyed” all the right, title, estate, and interest of Edward-son in the land at the time of his death to Van Horn, but excepted and reserved to Edwardson’s Estate 25 percent of all the minerals under the land:

NOW, THEREFORE, the said party of the first part as Administrator aforesaid pursuant to the order last aforesaid, and for and in consideration of the said sum of Four Thousand Seven Hundred ($4700.00) and no/100 Dollars, to his in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey, unto the said party of the second part and his heirs and assigns, forever, all the right, title, estate and interest, of the said above named decedent, at the time of his death, and also all the right, title, and interest that the said estate, by operation of law or otherwise, may have acquired other than or in addition to, that of said deceased, at the time of his death, in and to all that certain lot, piece or parcel of land, situated, lying and being in said County of [Mountrail] and State of North Dakota and particularly described as follows, to-wit:
The East half of the Southwest Quarter (E1/2SW1/4) and Lots Three (3) and Four (4) Section Eighteen (18), Township One Hundred Fifty-one North (151N), Range Ninety West (90W) excepting and reserving unto said estate, its successors and assigns, forever, an undivided Twenty-five percent (25%) interest in all of the oil, gas, and other minerals upon, or in said land, together with such rights of ingress and egress as may be necessary for exploring for and mining or otherwise extracting and carrying away the same; and provided further that the purchaser shall settle for summerfallow and other like improvements upon the said land. (Emphasis added.)

[¶ 3] Van Horn’s successor in interest, Waldock, brought this quiet title action against the Estate’s successors in interest to determine ownership of the 25 percent interest in the minerals excepted and reserved to the Estate in the administrator’s deed. On motions for summary judgment, the district court decided the plain language of the administrator’s deed was equivalent to a quitclaim deed, which reserved 25 percent of the mineral interests to the Estate and granted Van Horn 25 percent of the mineral interests. The court decided the language in the administrator’s deed did not result in an overcon-veyance of mineral interests to Van Horn and the rule for interpreting mineral con[758]*758veyances from Duhig, 135 Tex. 503, 144 S.W.2d 878, was not applicable to the administrator’s deed. The court decided Waldock was not entitled to any portion of the 25 percent interest in the minerals excepted and reserved to the Estate in the administrator’s deed and quieted title to that 25 percent interest to the Estate’s successors in interests.

II

[¶ 4] The district court decided this case by summary judgment under N.D.R.Civ.P. 56(c), which is a procedural device for promptly and expeditiously disposing of an action without a trial if either litigant is entitled to judgment as a matter of law and if no dispute exists as to either the material facts or the inferences to be drawn from undisputed facts, or if resolving factual disputes will not alter the result. Melchior v. Lystad, 2010 ND 140, ¶ 7, 786 N.W.2d 8. Whether a district court properly granted summary judgment is a question of law that we review de novo on the record. Id.

III

[¶ 5] Waldock argues the district court erred in equating the administrator’s deed to a quitclaim deed. He argues the administrator’s deed is more than a quitclaim deed and includes a warranty of title in the nature of a special warranty deed. He claims the deed resulted in an overconveyance of minerals by the Estate and rendered inoperative the Estate’s purported reservation of a 25 percent interest in all the minerals. He thus argues the legal effect of the deed under the Duhig rule entitles him to the 25 percent interest in the minerals reserved to the Estate.

[¶ 6] In Carkuff v. Balmer, 2011 ND 60, ¶ 8, 795 N.W.2d 303, we recently described rules for construing deeds:

In construing a deed, the primary purpose is “to ascertain and effectuate the grantor’s intent, and deeds are construed in the same manner as contracts.” State Bank & Trust of Kenmare v. Brekke, 1999 ND 212, ¶ 12, 602 N.W.2d 681; see Williams Co. v. Hamilton, 427 N.W.2d 822, 823 (N.D.1988). If a deed is unambiguous, this Court determines the parties’ intent from the instrument itself. See Brekke, at ¶ 12; Stracka v. Peterson, 377 N.W.2d 580, 582 (N.D.1985). In other words, “[t]he language of the deed, if clear and explicit, governs its interpretation; the parties’ mutual intentions must be ascertained from the four corners of the deed, if possible.” North Shore, Inc. v. Wakefield, 530 N.W.2d 297, 300 (N.D.1995); see N.D.C.C. §§ 9-07-02, 9-07-03, 9-07-04, 47-09-11. Whether or not a contract is ambiguous is a question of law. Brekke, at ¶ 12.

[¶ 7] In cases involving an overconveyance of mineral interests in deeds, this Court has applied the rule of construction from Duhig. See Melchior, 2010 ND 140, ¶ 8, 786 N.W.2d 8; Gawryluk v. Poynter, 2002 ND 205, ¶ 11, 654 N.W.2d 400; Miller v. Kloeckner, 1999 ND 190, ¶ 9, 600 N.W.2d 881; Acoma Oil Corp. v. Wilson, 471 N.W.2d 476, 478-82 (N.D.1991); Mau v. Schwan, 460 N.W.2d 131, 133-36 (N.D.1990); Sibert v. Kubas, 357 N.W.2d 495, 496-98 (N.D.1984); Kadrmas v. Sauvageau,

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Cite This Page — Counsel Stack

Bluebook (online)
2012 ND 180, 820 N.W.2d 755, 2012 WL 3734378, 2012 N.D. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waldock-v-amber-harvest-corp-nd-2012.