Anderson v. Mayberry
Oklahoma Court of Civil Appeals
661 P.2d 535 (Okla. Civ. App. 1983)
Relevant factsFree
Mayberry (defendant) conveyed surface rights and reserved a non-participating one-half mineral interest, expressly stating that reserved interest would not participate in bonus and rental rights on future leases; the grantees later leased the oil and gas rights to Anderson (plaintiff) without Mayberry's signature, and Anderson sued to quiet title, arguing Mayberry's non-participating reservation impliedly conveyed away his leasing authority too.
IssueFree
Whether a grantor that conveys bonus and rental rights, and reserves only a non-participating mineral interest, impliedly also conveys his right to execute leases.