Triangle Royalty Corp. v. Graves
| Decision Date | 01 April 1952 |
| Docket Number | No. 34792,34792 |
| Citation | 242 P.2d 740,206 Okla. 409 |
| Parties | , 1952 OK 140 TRIANGLE ROYALTY CORP. et al. v. GRAVES et al. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
1. Where a grantor conveys an interest in land, then encumbered with a mortgage lien, which grantor is obligated to satisfy, and his deed contains unconditional covenants of warranty, and grantor permits foreclosure of the lien and sale of the land, and grantor subsequently reacquires title from the holder of the mortgage, such after-acquired title will inure to the benefit of the grantee in the mineral deed, under the equitable doctrine of estoppel by deed.
2. Record examined and held: that this action was not barred by the statute of limitations.
Houts & Houts, of Alva, for plaintiffs in error.
Mauntel, Spellman & Doolin, of Alva, for defendants in error.
We shall refer to the parties in the order of their appearances in the trial court. Plaintiffs in error were plaintiffs.
Plaintiffs were all owners of undivided interests in the oil, gas and mineral rights of a described 160 acres of land in Woods County, Oklahoma, acquired under and by virtue of a mineral deed delivered to one John H. Dorlon by Wilkerson L. Purcival and Christena Purcival, former owners of the land. Defendants are the present owners of the land, a mortgagee and the holder of an oil and gas lease, the mortgage and the lease having been executed since the recordation of the mineral deed aforesaid. Plaintiffs began this action to quiet title to their mineral interests in the aggregate of 26/64ths of all the minerals. The case was submitted on signed stipulations and further stipulations by counsel in open court. Judgment was rendered that plaintiffs take nothing and defendants were discharged with their costs. Plaintiffs appeal.
The pertinent stipulated facts are: Christena Purcival, hereinafter called Purcival, was the original owner of the land involved and was joined by her husband in all conveyances made by her; December 5, 1923, Purcival executed a real estate mortgage on the property to Federal Land Credit Company, which mortgage was assigned to Joseph Fleming; July 28, 1928, Purcival executed a mineral deed conveying an undivided one-half interest in the minerals to John H. Dorlon, which deed was recorded August 20, 1928; there has been no production of oil or gas on the property. By mesne conveyances plaintiffs acquired and hold the mineral interests set forth in the petition; November 10, 1934, Fleming commenced an action to foreclose his mortgage and all plaintiffs or their predecessors were made parties defendant and had actual or constructive notice of the pendency of that action. Judgment was rendered foreclosing the mortgage as a first lien, and under an order of sale the property was sold, free and clear of the mineral rights of plaintiffs to Joseph Fleming, the holder of the mortgage, and a sheriff's deed was issued to Fleming. The sale was held November 26, 1935, confirmed December 7, 1935, and the sheriff's deed was issued December 9, 1935.
All the foreclosure proceedings were regular and are not subject to collateral attack, and Purcival retained and was in actual possession of the property until April 18, 1939, when she executed a warranty deed conveying all right, title and interest to Martha G. Williams. Prior to the confirmation of the sheriff's sale and on December 2, 1935, Fleming, the judgment creditor and purchaser, executed his general warranty deed purporting to convey all right, title and interest in the property back to Christena Purcival, and Fleming no longer has any interest in the property. Martha G. Williams executed a warranty deed to Lyle W. Fish and wife, who executed an oil and gas lease to Frank B. Murta and he assigned to Sinclair Oil and Gas Company, named as a defendant in this action. On March 4, 1947, Fish and wife by warranty deed conveyed to defendants Boyd M. Graves and Elsie A. Graves, the present owners. Graves and wife executed a real...
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