Merchants & Mfrs. Bank v. Dennis
| Decision Date | 10 December 1956 |
| Docket Number | No. 40319,40319 |
| Citation | 91 So.2d 254,229 Miss. 447 |
| Court | Mississippi Supreme Court |
| Parties | MERCHANTS & MANUFACTURERS BANK v. Glender DENNIS et al. |
L. K. Saul, Ellisville, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, for appellant.
Glender Dennis, Ellisville, Pershing B. Sullivan, Hattiesburg, for appellees.
This suit was brought by the appellant to remove as a cloud on its title to 80 acres of land the claim of Glender Dennis to an undivided one-half oil, gas and mineral interest therein and a mineral lease made by him to Wallace R. Gunn which had been assigned to Humble Oil & Refining Company. The bill of complaint sets out a complete deraignment of title from the Government down to date and also has attached thereto as exhibits several deeds which have been executed, including a mineral deed to C. M. Crider for an undivided one-half interest in and to all of the oil, gas and other minerals of every kind and character, in, on, and under the land herein involved, which deed is dated January 14, 1941, and was recorded February 5, 1941. There is also exhibited a deed from Hilton Grice to D. W. Dees for the entire land without any mention of the previous conveyance by him of a one-half interest in the minerals, which deed was recorded August 10, 1942. There is also exhibited a deed from D. W. Dees and wife to the appellant conveying the said land without any mention of the prior conveyance of one-half of the minerals, which deed is dated November 30, 1944, and was filed for record December 13, 1944.
There is next exhibited a special warranty deed from the appellant to Carl A. Welch for said land, dated December 12, 1944, and recorded the same day. This deed contains the following provision:
There is next exhibited a deed from Carl Welch and wife Hazel Welch to M. R. Wade, dated April 2, 1945, and recorded April 10, 1945, conveying the same land with this addition, 'together with one-half of all mineral rights of said lands'. There is next exhibited a deed from the heirs of M. R. Wade to Glender Dennis, dated June 14,...
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Martin v. Knight
...deeds, the words 'reserve' and 'except' are frequently used interchangeably when applied to minerals . . .' Merchants & Manufacturers Bank v. Dennis, 229 Miss. 447, 91 So.2d 254, 256. The respondent contends for a construction of the second deed favorable to him. He was the grantor in said ......
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Kadrmas v. Sauvageau, 8670
...results have been attained in other states in similar cases. 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. McDon......
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Exxon Corp. v. Waite
...language: " * * * less such minerals as have heretofore been sold or reserved by former owners." In Merchants & Manufacturers Bank v. Dennis, 229 Miss. 447, 91 So.2d 254 (1956), one of the deeds contained the following language:"An undivided one-half ( 1/2) interest in and to all oil, gas a......
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Body v. McDonald
...sustain the judgment of the court rendered in the present action. Brown v. Kirk, 127 Colo. 453, 257 P.2d 1045; Merchants & Manufacturers Bank v. Dennis, Miss., 91 So.2d 254; Salmen Brick & Lumber Co., Limited v. Williams, 210 Miss. 560, 50 So.2d 130; Garraway v. Bryant, 224 Miss. 459, 80 So......