Flag Oil Corp. of Del. v. Phelps

Decision Date05 June 1956
Docket NumberNo. 36935,36935
Citation298 P.2d 456
PartiesFLAG OIL CORPORATION OF DELAWARE and Panhandle Co-Operative Royalty Company, Plaintiffs in Error, v. Ewing W. PHELPS, Defendant in Error.
CourtOklahoma Supreme Court

Syllabus by the Court.

The issuance of a valid resale tax deed effects the cancellation of all delinquent taxes previously assessed against the property covered thereby, divests the former owners of all right, title or interest therein, and vests in the grantee a new and independent fee-simple title thereto.

Appeal from the District Court of Texas County; C. R. Board, Judge.

Action by Ewing W. Phelps to quiet title to certain real property. Judgment was rendered for plaintiff and defendants appeal. Affirmed.

Howell & Smith, Oklahoma City, for Flag Oil Corp. of Delaware.

V. E. Stinchcomb, Oklahoma City, for Panhandle Co-Op. Royalty Co.

King & Foster, Guymon, for defendant in error.

WILLIAMS, Vice Chief Justice.

This action was brought by Ewing W. Phelps, hereinafter referred to as plaintiff, against Flag Oil Corporation of Delaware and Panhandle Co-Operative Royalty Company, hereinafter referred to as defendants, and others not involved in this appeal, to quiet title to a certain tract of land situated in Texas County, Oklahoma. Defendants each filed an answer and cross-petition asserting an undivided interest in the minerals in and under the land involved and seeking to quiet title to such interest. The trial court rendered judgment for plaintiff quieting his title to the property involved as against defendants, and defendants appeal.

The facts are not in dispute. The property in question was sold at tax resale on May 17, 1941, to Texas County, and a resale tax deed executed, delivered and recorded accordingly. No question is raised in this case as to the validity of such tax resale or the resale tax deed issued pursuant thereto. At the time of such tax resale the entire tract was owned by one Charley R. Moore, with the exception of a 1/8th mineral interest which was owned by defendant Flag Oil Corporation and a 3/8ths mineral interest which was owned by defendant Panhandle Co-Operative Royalty Company. On May 15, 1942, approximately one year after the tax resale, Charley R. Moore executed and delivered to plaintiff a quitclaim deed covering the property here involved, which deed was not recorded however, until March 3, 1943. On March 1, 1943, plaintiff purchased the property from Texas County and a county deed conveying the same was duly executed and delivered to him by the chairman of the Board of County Commissioners. Upon receipt of such county deed and recordation thereof, plaintiff immediately entered into possession of the property thereby conveyed and has ever since remained in the possession thereof. There has never been any production of oil or gas from the premises involved, but plaintiff has sold an oil and gas lease covering the same and has collected and retained all the bonus and delay rental payable thereunder.

Defendants contends, as their only proposition of error, that the court erred in rendering judgment for plaintiff and against defendants because one who is under a moral or legal obligation to pay the taxes on land may not obtain title from a sale of the land for taxes so as to defeat the interest of his co-tenant and if such person permits the property to be sold for taxes and buys it in either in person or indirectly through the agency of another, he does not thereby acquire any interest or title in the property antagonistic to his co-tenants or other persons interested in the property...

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