Mccray v. Miller
Decision Date | 14 October 1919 |
Docket Number | Case Number: 10291 |
Parties | McCRAY v. MILLER et al. BLAND v. BLAND et al. |
Court | Oklahoma Supreme Court |
¶0 1. Oil and Gas--Lease--Effect of Surrender Clause.
The presence of a surrender clause in an oil and gas lease does not give the lessor the right to terminate the lease, where the lessee has not breached its terms.
2. Homestead--Definition.
The word "homestead" has both a popular and a legal signification and its popular and legal meaning is the same. In common acceptation of the term it means the residence of the family--the place where the home is, and it was employed in the common and popular apprehension of its meaning in that part of section 1, art. 12, of our Constitution. pertaining to rural homesteads.
3. Homestead--Residence.
Where the head of a family in this state is the owner of lint one tract of land, not within any city, town, or village, consisting of not to exceed one hundred sixty acres, the fact of ownership alone does not constitute it a homestead. There can be no homestead right in land where the owner does not and never has resided thereon, and has made no preparation or evinced any intention of so doing.
4. Corporations--Oil Lease--Corporation as Lessee.
There is no inhibition in section 2, art. 22 of the Constitution, against a corporation acquiring a lease to prospect land for oil and gas. On Rehearing.
5. Constitutional Law--Due Process of Law--Impairment of Obligation of Contracts--Oil and Gas Leases--Change in Judicial Decisions--Effect.
Defendants in error obtained an oil and gas lease on a tract of land prior to the rendition of the opinion of Brown v. Wilson, 58 Okla. 392, 160 P. 94, which case was thereafter overruled by an opinion of this court in the case of Rich v. Doneghey, 71 Okla. 177 P. 86. Held, the overruling of the case of Brown v. Wilson did not deprive the defendants in error of any of their property rights without due process of law, nor did the same impair any of their rights under and by virtue of their oil and gas lease in violation of section 1, art. 14, and sec. 10, art. 1, of the Constitution of the United States.
6. Courts--Stare Decisis--Decisions on Oil and Gas Leases.
Under the facts and pleadings in this case, the rule of stare decisis has no application.
7. Constitutional Law--Impairment of Obligation of Contracts--Change in Judicial Decisions.
It is well settled that an impairment of the obligation of a contract, within the meaning of the federal Constitution, must be by subsequent legislation, and no mere change in judicial decisions will amount to such deprivation.
Error from District Court, Creek County; Mark L. Bozarth, Judge.
Action by W. S. McCray against Ambrose Miller and others. From the judgment McCray and Owen W. Bland bring error. Reversed and remanded, with directions.
J. O. O'Meara, Chas. E. Bush, A. F. Moss and Stuart, Cruce & Riddle, for plaintiffs in error.
W. H. Kornegay, Owen Owen, W. V. Biddison and V. H. Biddison, for defendants in error.
West, Sherman, Davidson & Moore and Hill, Ramsey & Hagan, amicus curiae.
¶1 This is an equitable action for the cancellation of an oil and gas lease. At the request of all parties the trial court made separate findings of fact and conclusions of law, which are as follows:
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Garret v. Getzendaner
...6597, is the same. There is no difference in the meaning of the homestead right as shown by authorities above cited and McCray v. Miller et al., 78 Okla. 16, 184 P. 781. The principal difference seems to be in the manner of making up the homestead and the things necessary to be done in maki......