Brannon v. Varnado
| Decision Date | 08 November 1958 |
| Docket Number | No. 40903,40903 |
| Citation | 106 So.2d 386,234 Miss. 466 |
| Parties | Barney BRANNON et ux. v. George C. VARNADO, Jr., Wallace R. Gunn, and The Humble Oil & Refining Company. |
| Court | Mississippi Supreme Court |
Ben Stevens, Hattiesburg, L. Barrett Jones, Jackson, for appellants.
Heidelberg & Sutherland, Joe A. Thompson, M. M. Roberts, Hattiesburg, for appellees.
The appellants contend, by their bill in this cause, that Barney Brannon is the fee simple owner of an undivided one-fourth mineral interest in lands located in Forrest County, Mississippi, described as the Northeast Quarter and the North Half of the Southeast Quarter of Section 33, Township 5 North, Range 14 West. The bill has attached thereto, as a part thereof, copies of the conveyances affecting the title to said one-fourth mineral interest. Respondents to the bill, George C. Varnado, Jr., Wallace R. Gunn, and The Humble Oil & Refining Company, who are the appellees, deny that Brannon owns any interest whatever in the minerals in and under said tract. They say the exhibits to the bill, which prevail over the allegations in the bill, show that Brannon is not the owner of any such mineral interest. They filed demurrers in the trial court, which were sustained. Appellants declined to plead further, and their bill was dismissed from which action they prosecuted an appeal to this Court.
The bill shows that Brannon's claim is grounded in these circumstances: On July 25, 1940, George D. McInnis, Jr., and his wife, by warranty deed, conveyed to Barney Brannon the North Half of the Southeast Quarter of said Section 33, the grantors reserving and retaining in themselves one-half of the mineral rights in said land.
On May 25, 1942, George D. McInnis, Jr., and his wife executed to Barney Brannon a warranty deed conveying the Northeast Quarter of said Section 33. This deed, by its terms, excepted from its provisions and reserved unto the grantors a one-half undivided mineral interest in the lands described therein. These two deeds vested in Brannon only a one-half undivided mineral interest in said lands.
On August 13, 1946, Barney Brannon and his wife executed a warranty deed to G. C. Varnado conveying all the above-described lands and other lands not here involved. This instrument, by its terms, undertook to except from the conveyance and reserve unto Barney Brannon a one-fourth undivided mineral interest in the lands here involved.
On November 24, 1950, G. C. Varnado, by warranty deed, conveyed said lands to George C. Varnado, Jr., reserving one-eighth of the minerals.
On October 3, 1955, George C. Varnado, Jr., executed to Wallace R. Gunn a mineral lease on said lands, which lease Gunn assigned to Humble Oil & Refining Company December 2, 1955.
As stated, Brannon was vested with only half of the minerals. He warranted title to Varnado to three-fourths of the minerals. The question is could Brannon retain one-fourth of the minerals when he warranted the title to three-fourths and didn't own but one-half. Inclusion within the warranty of the one-fourth interest attempted by Brannon to be reserved would yet have resulted in a default of one-fourth of the minerals to Varnado. In other words, reservation of the one-fourth was contrary to, and in direct violation of, the obligations of Brannon under his warranty. He could not convey and warrant and reserve and retain the same thing at the same...
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Martin v. Knight
...Garraway v. Bryant, 224 Miss. 459, 80 So.2d 59; Merchants & Manufacturers Bank v. Dennis, 229 Miss. 447, 91 So.2d 254; Brannon v. Varnado, 234 Miss. 466, 106 So.2d 386; Duhig v. Peavy-Moore Lumber Co., 135 Tex. 503, 144 S.W.2d I entertain the view that, Mrs. Knight, did not receive any inte......
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Kadrmas v. Sauvageau, 8670
...Garraway v. Bryant, 224 Miss. 459, 80 So.2d 59; Merchants & Manufacturers Bank v. Dennis, 229 Miss. 447, 91 So.2d 254; Brannon v. Vanado, 234 Miss. 466, 106 So.2d 386; Lucas v. Thompson, 240 Miss. 767, 128 So.2d 874; Body v. McDonald, 79 Wyo. 371, 334 P.2d 513; Brown v. Kirk, 127 Colo. 453,......
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Bourn v. Tomlinson Interest, Inc.
...he actually owns, any attempted reservation will first be applied to the over-extended fraction of the interest. See Brannon v. Varnado, 234 Miss. 466, 106 So.2d 386 (1958). undivided one-half ( 1/2) interest in the minerals and conveyed by general warranty an undivided fifteen-sixteenths (......
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Searcy v. Tomlinson Interests Inc.
...result was to convey that one-half, breach the warranty as to one-fourth, and reserve nothing to McLeod. See Brannon v. Varnado, 234 Miss. 466, 106 So.2d 386 (1958), and the cases cited The bill of complaint alleges however that the above result was not intended by either of the parties, an......
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CHAPTER 3 TITLE EXAMINATION OF FEE LANDS
...1130 (La. App. 2d Cir. 1978). Michigan: No case, but would probably follow Oklahoma and/or majority. Mississippi: Brannon v. Varnado, 234 Miss. 466, 106 So.2d 386 (1958). Montana: Has not adopted Duhig but Montana follows the doctrine of "estoppel by deed" upon which Duhig is premised; see ......
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CHAPTER 5 CONSTRUCTIVE NOTICE--A MULTI-STATE PERSPECTIVE
...Mississippi: Salem Brick & Lumber Co., Ltd. v. Williams, 50 So.2d 130 (1951); Garraway v. Bryant, 80 So.2d 59 (1955); Brannon v. Varnado, 234 Miss. 466, 106 So.2d 386 (1958). Lucas v. Thompson., 128 So.2d 874 (Miss. 1961); Searcy v. Tomlinson Interests, inc., 358 So.2d 373 (Miss 1978); Rose......
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CHAPTER 2 CONSTRUCTIVE NOTICE: A MULTI-STATE PERSPECTIVE
...Mississippi: Salem Brick & Lumber Co., Ltd. v. Williams, 50 So.2d 130 (1951); Garraway v. Bryant, 80 So.2d 59 (1955); Brannon v. Varnado, 234 Miss. 466, 106 So.2d 386 (1958). Lucas v. Thompson., 128 So.2d 874 (Miss. 1961); Searcy v. Tomlinson Interests, inc., 358 So.2d 373 (Miss 1978); Rose......
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CHAPTER 14 SURFING THE TITLE WAVE -- TRICKY TITLE ISSUES FOR NEW TITLE ATTORNEYS
...Continental Oil Co. v. Tate, 30 So.2d 858 (La. 1947); Dillon v. Morgan, 362 So.2d 1130 (La. App. 2d Cir. 1978); Brannon v. Varnado, 106 So.2d 386 (Miss. 1958); Salmen Brick & Lumber Co. v. Williams, 50 So.2d 130 (Miss. 1951); Kadrmas v. Sauvageau, 188 N.W.2d 753 (N.D. 1971); limited by Gilb......