explanatory clause (Oklahoma) · Go Syfert
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explanatory clause in Oklahoma

5 Oklahoma opinions name it 2 courts 1923–1980 0 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Oklahoma.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Breidenthal v. Grooms neutral
okla · 1932
2 sentences

1953The old or “ancient” rule was that such reservation was repugnant to the grant and was therefore a nullity, but the better and more modern rule is the one followed in Westcott v. Bozarth, 202 Okl. 149 , 211 P.2d 258 , and quoted from Breidenthal v. Grooms, 161 Okl. 74 , 17 P.2d 688 , as follows: “Where the intention of the parties is clearly expressed by an explanatory clause incorporated in the habendum clause, or in a separate clause, the latter may control over the granting clause of the deed.” See other authorities cited and discussed in First Nat.

1953The old or “ancient” rule was that such reservation was repugnant to the grant and was therefore a nullity, but the better and more modern rule is the one followed in Westcott v. Bozarth, 202 Okl. 149 , 211 P.2d 258 , and quoted from Breidenthal v. Grooms, 161 Okl. 74 , 17 P.2d 688 , as follows: “Where the intention of the parties is clearly expressed by an explanatory clause incorporated in the habendum clause, or in a separate clause, the latter may control over the granting clause of the deed.” See other authorities cited and discussed in First Nat.

21949–1953
Lahman v. Bassel neutral
okla · 1962
1 sentence

1980First National *1155 Bank and Trust Company of Tulsa v. Price, supra. In Lahman v. Bassel, Okl., 373 P.2d 245 , the deed, following the description, contained the following recitation: “Except One Half of all mineral rights which belongs equally One Half to S. E.

11980–1980
Meeks v. Harmon green
okla · 1952
2 sentences

1953“Where the intention of the parties is clearly expressed by an explanatory clause incorporated in the habendum clause, or in a separate clause, the latter may control over the granting clause of the deed.” and in the more recent case of Meeks v. Harmon, 207 Okla. 459 , 250 P. 2d 203 , we said: “* * * that every case must be approached for a concrete solution upon its individual facts.

1953“Where the intention of the parties is clearly expressed by an explanatory clause incorporated in the habendum clause, or in a separate clause, the latter may control over the granting clause of the deed.” and in the more recent case of Meeks v. Harmon, 207 Okla. 459 , 250 P. 2d 203 , we said: “* * * that every case must be approached for a concrete solution upon its individual facts.

11953–1953
First Nat. Bank & Trust Co. v. Price neutral
okla · 1951
2 sentences

1953Bank & Trust Co. of Tulsa v. Price, 204 Okl. 243 , 228 P.2d 623 , and the Annotations, 131 A.L.R. 1239 and 157 A.L.R. 485 .

1953Bank & Trust Co. of Tulsa v. Price, 204 Okl. 243 , 228 P.2d 623 , and the Annotations, 131 A.L.R. 1239 and 157 A.L.R. 485 .

11953–1953
Westcott v. Bozarth neutral
okla · 1949
2 sentences

1953The old or “ancient” rule was that such reservation was repugnant to the grant and was therefore a nullity, but the better and more modern rule is the one followed in Westcott v. Bozarth, 202 Okl. 149 , 211 P.2d 258 , and quoted from Breidenthal v. Grooms, 161 Okl. 74 , 17 P.2d 688 , as follows: “Where the intention of the parties is clearly expressed by an explanatory clause incorporated in the habendum clause, or in a separate clause, the latter may control over the granting clause of the deed.” See other authorities cited and discussed in First Nat.

1953The old or “ancient” rule was that such reservation was repugnant to the grant and was therefore a nullity, but the better and more modern rule is the one followed in Westcott v. Bozarth, 202 Okl. 149 , 211 P.2d 258 , and quoted from Breidenthal v. Grooms, 161 Okl. 74 , 17 P.2d 688 , as follows: “Where the intention of the parties is clearly expressed by an explanatory clause incorporated in the habendum clause, or in a separate clause, the latter may control over the granting clause of the deed.” See other authorities cited and discussed in First Nat.

11953–1953
Hughes v. State green
oklacrimapp · 1912
1 sentence

1923Hughes v. State, 7 Okla.

11923–1923

Where else courts name it

TX 94 (1928–2024) CA 13 (1949–2005) NJ 11 (1906–2026) AL 6 (1889–1985) GA 6 (1918–2026) WA 6 (1968–2021) CO 5 (1982–2013) OK 5 (1923–1980) AZ 3 (1977–1999) LA 3 (2006–2019) IL 3 (1928–2007) PA 2 (1957–1960) MS 2 (1992–1992) IA 2 (1934–1974) WI 2 (1903–1906) NY 2 (2016–2020) NE 2 (1910–1966)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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