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Welborn v. Tidewater Associated Oil Co.

United States Court of Appeals for the Tenth Circuit

217 F.2d 509 (10th Cir. 1954)

Relevant factsFree

Smith held a life estate and, as Garrett's guardian, controlled the remainder interest Garrett owned; in 1943 Smith alone leased the remainder interest to Welborn (plaintiff), but in 1952 Garrett and Smith together issued a new oil and gas lease to McDaniel, later assigned to Tidewater (defendant). Welborn sued Tidewater for slander of title; the trial court dismissed, and by the time of appeal, Welborn's original lease term had also expired.

IssueFree

Whether a life tenant or a remainderman may act alone to develop oil or gas on the leased land.

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