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.