Bates v. Mansfield, 5-89-0454
| Decision Date | 18 March 1991 |
| Docket Number | No. 5-89-0454,5-89-0454 |
| Citation | 570 N.E.2d 549,156 Ill.Dec. 73,212 Ill.App.3d 69 |
| Parties | , 156 Ill.Dec. 73 R.E. BATES, Ann Bates, Cyril Barnardi, Domenico Bernardi, Dorothy J. Brodersen, James O. Brodersen, James Deborer, Earl Dunning, George L. Landsly, Dale Kotnour, R. Bruce McCloskey, M.D., William McCloskey, Leroy Mitchell, Felix E. Nylec, Cal Rinehammer, Andrew J. Roy, Louis Roy, Ronald Tirapelli, Robert Altpeter, Joseph J. Kotnour, Olin Manufacturing, Inc., and Arden Ostrowski, Plaintiffs-Appellees, v. Ethel MANSFIELD, Gladys Hudson, as Executor of the Estate of W.B. Hudson, Deceased, Defendants-Appellants (Harold Mansfield, Vera L. Cummins, as Executor of the Estate of J.C. Cummins, Deceased, Beatrice Schnell, Vera L. Cummins, Olney Trust and Banking Co., as Trustee of Land Trust 139, Edward Read, Dave Rogers, Timothy K. Strothman, Peter Morse, Sr., Ray Fehrenbacher, Union Oil Co., Bi-Petro, Inc., Oil Producers Association, Inc., Unknown Owners, Heirs, Devisees and Non-Record Claimants, Defendants-Appellees). |
| Court | United States Appellate Court of Illinois |
Peter K. Woody, Springfield, for defendants-appellants.
A. Ben Mitchell, L. James Hanson, Mitchell, Neubauer & Shaw, P.C., Mount Vernon, for Vera L. Cummins and Vera L. Cummins, Executor of the Estate of J.C. Cummins, Deceased.
Jerry Doyle Miller, Olney, for plaintiffs-appellees.
Ray Fehrenbacher, Fehrenbacher Law Offices, Olney, for Ray Fahrenbacher and Peter Morse, Sr.
Plaintiff-appellees, R.E. Bates, et al., hereinafter referred to as plaintiffs, brought this declaratory judgment action seeking a determination of their oil and gas rights in certain land located in Richland County, Illinois. At the trial of this cause defendants-appellants, Ethyl Mansfield and Gladys Hudson, hereinafter referred to as defendants, asserted that the plaintiffs had no oil and gas rights in the property. On July 5, 1988, the trial court found that plaintiffs did in fact have interests in the oil and gas rights. The court set forth the ownership interests of the parties and ordered an accounting. It is from this judgment that defendants appeal. We affirm.
On February 20, 1967, Clifford L. Schnell and Beatrice Schnell, hereinafter referred to as lessors, executed an oil and gas lease, hereinafter referred to as "the Mansfield lease", to defendants, covering 40 acres in Richland County, Illinois. The Mansfield lease was for a term of 90 days and so long thereafter as oil or gas was produced from the land. Defendants subsequently sold 25/32 working interest in the Mansfield lease to various investors. Another document, also dated February 20, 1967, which purported to be a contract between the Schnells as lessors and defendants as lessees, provided that defendants would drill a second well within six months from the completion of the first commercial producing well.
In March or April 1967 defendants drilled a well, the Schnell # 1, on the north 20 acres of the 40-acre tract and began producing oil from this well. Production continued at least through October of 1982. During this time defendants took no action to drill an additional well on the south 20 acres covered by the Mansfield lease.
Sometime prior to March 18, 1981, Clifford Schnell died. On that date Beatrice Schnell executed to J.C. Cummins "d/b/a National Petroleum Company," hereinafter referred to as NPC, a second oil and gas lease, hereinafter referred to as the NPC lease, which covered the south 20 acres of the property previously leased to defendants under the Mansfield lease. The lease was for a term of one year and so long thereafter as oil or gas was produced from the land. Lessor warranted title to the south 20 acres.
On October 28, 1981, lessor filed an action against defendants to have the Mansfield lease declared forfeited and released of record as to the undeveloped south 20 acres. While the forfeiture action was pending, NPC drilled a well, the Schnell # 2, on the south 20 acres which began producing oil on February 10, 1982, and continued to produce oil at least until January of 1987. NPC assigned working interests in the NPC lease to plaintiffs on March 15, 1982.
In August 1984 the trial court in the first suit ruled that the Mansfield lease was not forfeited as it related to the south 20 acres. Its decision was affirmed by this court in Schnell v. Hudson (1986), 141 Ill.App.3d 617, 96 Ill.Dec. 16, 490 N.E.2d 1052. However, while the forfeiture action was still pending, the lessor, Beatrice Schnell, obtained signatures from the defendants' investors, who had purchased 25/32 interest in the 1967 Mansfield lease, on documents entitled "partial release of oil and gas lease." The documents read as follows:
That the undersigned hereby release, surrender, and forever quit claim unto the Lessors named therein and their successors in interest any and all rights whatsoever acquired or held under that certain Oil, Gas and Mineral Lease dated February 20, 1967, and recorded in Book 23, at page 340, in the Office of the Recorder of Deeds of Richland County, Illinois, insofar and only insofar as said Lease covers the following described land:
The East Half (E/2) of the Southwest Quarter (SW/4) of the Southeast Quarter (SW/4) of Section Nine (9), Township Three (3) North, Range Nine (9) East, Richland County, Illinois.
The undersigned expressly reserve all their right, title and interest in and to said Lease insofar as the same covers the following described land:
The East Half (E/2) of the Northwest Quarter (NW/4) of the Southeast Quarter (SE/4) of Section Nine (9) Township Three (3) North, Range Nine (9) East, Richland County, Illinois,
upon which is located an oil and gas well known as the Schnell # 1, Union Oil Company Lease No. 2-2-594-632-00.
EXECUTED this 23rd day of June, 1982."
These documents were executed by defendants' investors between May 1982 and December 1982.
Defendants have made several arguments in support of their contention that the trial court erred in finding that the plaintiffs possess ownership interests in the south 20 acres. The major premise of defendants' arguments is that they are "bottom" lessees and that plaintiffs are "top" lessees. Defendants assert that plaintiffs, top lessees, could not acquire any interest in the south 20 acres until the Mansfield lease, the bottom lease, was completely terminated.
Defendants cite Rorex v. Karcher (1923), 101 Okl. 195, 224 P. 696, and Jennings v. Elliott (1939), 186 Okl. 285, 97 P.2d 67, in support of their positions. These cases hold that while a lessor has the right to execute an oil and gas lease covering land that is already subject to an unexpired lease, the second lessee, or top lessee, does not acquire the right to explore and develop the land until the first lease, the bottom lease, is terminated. (Jennings, 97 P.2d 67, 71; Rorex, 224 P. 696.) There is no dispute over the validity of these holdings. Moreover, our opinion in Schnell makes it clear that NPC had no authority to drill and begin producing oil from the Schnell # 2 on February 10, 1982. The question which remains to be decided is who is entitled to the oil from the Schnell # 2. Defendants assert that as bottom lessees they are entitled to 100% of the oil.
We might agree with defendants had they retained the entire interest under the Mansfield lease. However, defendants' arguments ignore the fact that they sold 25/32 of the working interest of their lease to investors and that these investors subsequently conveyed the 25/32 working interest to the lessor. Defendants argue that the documents executed by their investors failed to transfer present interests to the lessor. We disagree.
The term "working interest", as used in connection with an oil and gas lease, refers to the portion of the oil and gas that may be produced from the premises after the royalty for the share paid to the landlord is first deducted. (Illinois National Oil Gas Co. v. Sinclair (1940), 373 Ill. 581, 27 N.E.2d 450.) In Dunbar v. Olson (1953), 349 Ill.App. 308, 110 N.E.2d 664, the court described the relationship which exists between fractional owners of the working interest under a lease:
"A mere tenancy in common, or joint ownership of the property, does not make the owners partners, and the acquisition of interest in the leasehold estate by defendants other than Shaeffer made them tenants in common only (citations)." (Dunbar, 349 Ill.App. at 311-12, 110 N.E.2d at 666.)
Tenants in common are entitled to transfer their interests. Fyffe v. Fyffe (1937), 292 Ill.App. 539, 548, 11 N.E.2d 857, 861-62.
The key terms contained in the documents executed by defendants' investors which are set forth above are "release", "surrender", and "quit claim". Black's Law Dictionary defines these terms as follows:
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Fullop, Matter of, s. 91-3733 and 91-3782
... ... from the premises after the royalty for the share paid to the landlord is first deducted." Bates v. Mansfield, 212 Ill.App.3d 69, 156 Ill.Dec. 73, 75, 570 N.E.2d 549, 551 (1991). The lessee will ... ...
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In re Fullop
... ... Gas & Oil Co. v. Sinclair, 373 Ill. 581, 27 N.E.2d 450, 451 (1940); see also Bates v. Mansfield, 212 Ill.App.3d 69, 156 Ill.Dec. 73, 75, 570 N.E.2d 549, 551 (5th Dist.1991) ("The ... ...
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In re Johnson
... ... from the premises after the royalty for the share paid to the landlord is first deducted.’ Bates v. Mansfield, 212 Ill.App.3d 69, 156 Ill.Dec. 73, 75, 570 N.E.2d 549, 551 (1991) ... ...
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