Wright v. Carter Oil Co.

• Court: Oklahoma Supreme Court
• Writing for the Court: LYONS, C.
• Citation: Wright v. Carter Oil Co., 223 P. 835, 97 Okla. 46, 1923 OK 593 (Okla. 1923)
• Decision Date: 31 July 1923
• Docket Number: Case Number: 11346
• Parties: WRIGHT et al. v. CARTER OIL CO. et al.

1923 OK 593

223 P. 835

97 Okla. 46

WRIGHT et al. v. CARTER OIL CO. et al.

Case Number: 11346

Supreme Court of Oklahoma

Decided: July 31, 1923

Syllabus

¶0 1. Oil and Gas--Nature of Property Rights.

Oil and gas belong to the owner of the land and are a part of it so long as they are on it, or in it, and subject to his control, but when they escape and go into others land or come under another's control through the natural reservoir, the title of the former owner is gone. In other words, property in the oil and gas does not become absolute until they are reduced to actual possession by being brought to the surface and then controlled. The right to reduce oil and gas to possession is a valuable property right.

2. Same--Conveyance of Interest by Land-owner--Validity.

A conveyance made by the fee owner of an undivided one-half interest in and to all of the mineral rights, including oil, natural gas, and petroleum, with the right and privilege to the grantor and grantee or either of them, to go upon the land and explore, operate, drill, and mine for oil and gas and other minerals, and to sell the product thereof, and divide the same or the proceeds thereof, as their interests may appear, is a valid conveyance of an undivided one-half interest in the property right of the owner, defined in the first paragraph hereof.

3. Same--"Bonus, Rentals, and Royalty."

Bonus, rentals, and royalty are income from the use of the mineral resources of the land.

4. Same--Conveyance of Mineral Interest by Owners of Land Already Leased--Rights Conveyed.

A conveyance by the fee owner of the character set forth in paragraph two, supra, subject to a subsisting oil and gas lease, entitles the grantee to receive his proportionate share of rentals subsequently accruing under said lease.

Commissioners' Opinion, Division No. 2.

Error from District Court, Stephens County; Cham Jones, Judge.

Action by the Carter Oil Company against James A. Tucker, Frank V. Wright, and others. From an adverse judgment, Wright and others bring error. Reversed and remanded.

Pearson & Baird, for plaintiffs in error.

E. H. Bond, H. Grady Ross, and Womack & Brown, for defendants in error.

LYONS, C.

¶1 The Carter Oil Company brought an action in the district court of Stephens county in the nature of a "stakeholder's suit" to determine the proper parties to whom rentals due under its oil and gas lease should be paid. The oil company's lease was executed by Nancy Tucker and J. A. Tucker, who are parties to this action. Subsequent to the execution of the oil and gas mining lease said Nancy Tucker and J. A. Tucker made a conveyance under which the other defendants claim an undivided one-half interest in the rentals accruing under said oil and gas lease. The conveyance is in words and figures as follows:

"State of Oklahoma, Stephens County, ss.: Know All Men by These Presents: That Nancy Tucker and J. A. Tucker, wife and husband, parties of the first part, in consideration of the sum of $ 15,000 in hand paid, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell, and convey unto Frank V. Wright the following described property, to wit:

"An undivided one-half (1/2) of section twenty-seven (27) township one (1) south, range nine (9), west I. M., in Stephens county, Oklahoma, with the right and privilege to the grantor and grantee or either of them, to go upon said land and explore, operate, drill and mine for oil and gas and other minerals and to sell the products thereof and divide the same or the proceeds thereof as their interest appears and as provided herein.

"It is expressly understood, however, that this grant is subject to a certain oil and gas lease now on said premises dated April 6, 1917, made and executed by the grantors to the Carter Oil Company, a corporation.

"Signed and delivered this the 18th day of March, 1918.

"Nancy [her mark X] Tucker

"J. A. Tucker.

"Witnesses:

"J. W. Whisenant, witness to mark of Nancy Tucker who cannot sign her name and whose name was signed by me in her presence and at her request.

"E. H. Bond."

¶2 It is the contention of the grantors in this deed, Nancy Tucker and J. A. Tucker, that they are entitled to receive the entire rentals (commutation money for delay in drilling).

¶3 It is the contention of the grantee in said conveyance and those holding under him that they are entitled to receive one-half of said rentals.

¶4 The learned trial court held that Nancy Tucker and J. A. Tucker were entitled to the entire amount of said rentals and that no interest in the same or any right to any part of the same, passed by the conveyance designated a mineral deed above set out.

¶5 We are unable to agree with the conclusion of the learned trial court. It is not necessary to determine in detail the exact nature of the so-called "mineral deed." Certain principles relative to oil and gas rights which are well settled are:

First: That oil and gas are fugacious in their nature.

Second: That oil and gas belong to the owner of the land and are a part of it so long as they are on it or in it, or subject to his control; but when they escape and go into other land, or come under another's control, the title of the former owner is gone. In other words, property in the oil and gas does not become absolute until they are reduced to

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