warranty clause in Oklahoma

2015Reservations of mineral interests "need not be expressed in the granting clause of the deed, but may be contained in the warranty clause, the habendum, or the redeendum clause, or, as we have said, within the four corners of the instrument." Id.

2015Reservations of mineral interests "need not be expressed in the granting clause of the deed, but may be contained in the warranty clause, the habendum, or the redeendum clause, or, as we have said, within the four corners of the instrument." Id. ¶8 Based on the foregoing, we hold the deed conveying "an undivided one-half (½) interest in and to all of the oil and gas interests and royalties, and any and all other mineral interests which may be owned by Circle F Ranch, Inc.," conveyed one-half (½) of Grantor's one-half (½) mineral interest (or a one-fourth (¼) mineral interest) to Grantee.

1937In support thereof defendants cite Echolustee Oil Co. v. Johnston (1931) 153 Okla. 92 , 3 P. (2d) 227 , holding that the exception stated in the warranty clause in that case did not operate as a reservation of the minerals, but only excepted a one-fourth interest in the minerals from the operation of the covenant of warranty.

1937In support thereof defendants cite Echolustee Oil Co. v. Johnston (1931) 153 Okla. 92 , 3 P. (2d) 227 , holding that the exception stated in the warranty clause in that case did not operate as a reservation of the minerals, but only excepted a one-fourth interest in the minerals from the operation of the covenant of warranty.

1999In construing a deed, the court must ascertain the grant- or’s intention from the entire instrument without undue reference to any part; and technical meaning of words must be held to give way to the manifest intent of the parties. [Citations omitted.] ¶ 6 In Westcott v. Bozarth, 1949 OK -, 202 Okla. 149 , 211 P.2d 258 , the Supreme Court ruled a clause found in the habendum clause immediately after the warranty clause was an effective reservation of the minerals by the grantor.

1999In construing a deed, the court must ascertain the grant- or’s intention from the entire instrument without undue reference to any part; and technical meaning of words must be held to give way to the manifest intent of the parties. [Citations omitted.] ¶ 6 In Westcott v. Bozarth, 1949 OK -, 202 Okla. 149 , 211 P.2d 258 , the Supreme Court ruled a clause found in the habendum clause immediately after the warranty clause was an effective reservation of the minerals by the grantor.

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. [4] 12 O.S. 1991 , §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla. 1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla. 1991); Reeves v. Agee, 769 P.2d 745 (Okla. 1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla. 1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). [5] The journal entry, memorializing the mid-trial rulings and granting judgment on t

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. . 12 O.S.1991, §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla.1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla.1991); Reeves v. Agee, 769 P.2d 745 (Okla.1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla.1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). .The journal entry, memorializing the mid-trial rulings and granting judgment on the jury ver

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. [4] 12 O.S. 1991 , §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla. 1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla. 1991); Reeves v. Agee, 769 P.2d 745 (Okla. 1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla. 1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). [5] The journal entry, memorializing the mid-trial rulings and granting judgment on t

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. . 12 O.S.1991, §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla.1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla.1991); Reeves v. Agee, 769 P.2d 745 (Okla.1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla.1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). .The journal entry, memorializing the mid-trial rulings and granting judgment on the jury ver

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. [4] 12 O.S. 1991 , §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla. 1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla. 1991); Reeves v. Agee, 769 P.2d 745 (Okla. 1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla. 1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). [5] The journal entry, memorializing the mid-trial rulings and granting judgment on t

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. . 12 O.S.1991, §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla.1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla.1991); Reeves v. Agee, 769 P.2d 745 (Okla.1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla.1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). .The journal entry, memorializing the mid-trial rulings and granting judgment on the jury ver

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. [4] 12 O.S. 1991 , §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla. 1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla. 1991); Reeves v. Agee, 769 P.2d 745 (Okla. 1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla. 1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). [5] The journal entry, memorializing the mid-trial rulings and granting judgment on t

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. . 12 O.S.1991, §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla.1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla.1991); Reeves v. Agee, 769 P.2d 745 (Okla.1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla.1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). .The journal entry, memorializing the mid-trial rulings and granting judgment on the jury ver

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. [4] 12 O.S. 1991 , §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla. 1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla. 1991); Reeves v. Agee, 769 P.2d 745 (Okla. 1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla. 1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). [5] The journal entry, memorializing the mid-trial rulings and granting judgment on t

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. [4] 12 O.S. 1991 , §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla. 1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla. 1991); Reeves v. Agee, 769 P.2d 745 (Okla. 1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla. 1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). [5] The journal entry, memorializing the mid-trial rulings and granting judgment on t

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. [4] 12 O.S. 1991 , §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla. 1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla. 1991); Reeves v. Agee, 769 P.2d 745 (Okla. 1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla. 1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). [5] The journal entry, memorializing the mid-trial rulings and granting judgment on t

1994The denial of an appeal of issues withheld from a jury closes the courts to those issues. [4] 12 O.S. 1991 , §§ 681 and 990A; Federal Deposit Insurance Corporation v. Tidwell, 820 P.2d 1338 (Okla. 1991); DBL Energy Corp. v. Oklahoma Corporation Commission, 805 P.2d 657 (Okla. 1991); Reeves v. Agee, 769 P.2d 745 (Okla. 1989); Eason Oil Company v. Howard Engineering, Inc., 755 P.2d 669 (Okla. 1988); Methvin v. Methvin, 191 Okl. 177 , 127 P.2d 186 (1942); and Hurley v. Hurley, 191 Okl. 194 , 127 P.2d 147 (1942). [5] The journal entry, memorializing the mid-trial rulings and granting judgment on t

1984Warranty theories have been merged into products liability under Kirkland v. General Motors, 521 P.2d 1353 (Okla.1974).

1984We think the cases of Walker & Withrow, Inc. v. Haley, supra, Oklahoma City v. Harper, supra, and Kuntz, Oil and Gas, supra, are controlling in the present case and the covenant of warranty contained in the top lease must be given its plain effect and intent since the warranty clause and the oil and gas lease do not contain any limitations, exceptions or qualifications.

1984We think the cases of Walker & Withrow, Inc. v. Haley, supra, Oklahoma City v. Harper, supra, and Kuntz, Oil and Gas, supra, are controlling in the present case and the covenant of warranty contained in the top lease must be given its plain effect and intent since the warranty clause and the oil and gas lease do not contain any limitations, exceptions or qualifications.

1984Cutright v. Richey, 208 Okl. 413 , 257 P.2d 286 (1953).

1984Cutright v. Richey, 208 Okl. 413 , 257 P.2d 286 (1953).

1968And in Wright v. Carter Oil Co., 97 Okl. 46 , 223 P. 835 , we held that a mineral deed conveying “An undivided one-half (½) interest in and to all of the mineral rights, including oil, natural gas and petroleum” with the right to go upon the land and explore, drill and mine for oil and gas and other minerals, did not pass title to the oil and gas in place, but did convey an undivided one-half interest in said mineral resources including oil, gas and petroleum.

1968And in Wright v. Carter Oil Co., 97 Okl. 46 , 223 P. 835 , we held that a mineral deed conveying “An undivided one-half (½) interest in and to all of the mineral rights, including oil, natural gas and petroleum” with the right to go upon the land and explore, drill and mine for oil and gas and other minerals, did not pass title to the oil and gas in place, but did convey an undivided one-half interest in said mineral resources including oil, gas and petroleum.

1961See Mattingly v. Washburn, 355 Mo. 471 , 196 S.W.2d 624 , 626 and cases cited; Bullock v. Porter, 365 Mo. 572 , 284 S.W.2d 598 .

1961See Mattingly v. Washburn, 355 Mo. 471 , 196 S.W.2d 624 , 626 and cases cited; Bullock v. Porter, 365 Mo. 572 , 284 S.W.2d 598 .

1947In Trumbla v. State ex rel., 191 Okla. 119 , 126 P. 2d 1015 , it is held: “In earlier decisions much importance was attached to the language used in the different clauses of a deed, but the modern tendency is to ignore the technical distinctions between the various clauses and to ascertain, if possible, the intention of the grantor from the entire instrument without undue preference to any part.” See, also, Wilson v. Olsen, 167 Okla. 527 , 30 P. 2d 710 .

1947In Trumbla v. State ex rel., 191 Okla. 119 , 126 P. 2d 1015 , it is held: “In earlier decisions much importance was attached to the language used in the different clauses of a deed, but the modern tendency is to ignore the technical distinctions between the various clauses and to ascertain, if possible, the intention of the grantor from the entire instrument without undue preference to any part.” See, also, Wilson v. Olsen, 167 Okla. 527 , 30 P. 2d 710 .

1947In Trumbla v. State ex rel., 191 Okla. 119 , 126 P. 2d 1015 , it is held: “In earlier decisions much importance was attached to the language used in the different clauses of a deed, but the modern tendency is to ignore the technical distinctions between the various clauses and to ascertain, if possible, the intention of the grantor from the entire instrument without undue preference to any part.” See, also, Wilson v. Olsen, 167 Okla. 527 , 30 P. 2d 710 .

1947In Trumbla v. State ex rel., 191 Okla. 119 , 126 P. 2d 1015 , it is held: “In earlier decisions much importance was attached to the language used in the different clauses of a deed, but the modern tendency is to ignore the technical distinctions between the various clauses and to ascertain, if possible, the intention of the grantor from the entire instrument without undue preference to any part.” See, also, Wilson v. Olsen, 167 Okla. 527 , 30 P. 2d 710 .

1938Jarrett v. Moore, 159 Okla. 93 , 14 P.2d 390 .

1938Jarrett v. Moore, 159 Okla. 93 , 14 P.2d 390 .

1937S. 1931, próvidos: “Any benefit conferred, or agreed to be conferred upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered or agreed to be suffered by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise.” In the case of Fenner et al. v. Sparks, 170 Okla. 556 , 39 P. (2d) 27 , the second paragraph of the syllabus is as follows: “A doubtful or disputed claim honestly and in good faith asserted, arising from a state of facts upon wh

1937S. 1931, próvidos: “Any benefit conferred, or agreed to be conferred upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered or agreed to be suffered by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise.” In the case of Fenner et al. v. Sparks, 170 Okla. 556 , 39 P. (2d) 27 , the second paragraph of the syllabus is as follows: “A doubtful or disputed claim honestly and in good faith asserted, arising from a state of facts upon wh

1932“In American Life & Accident Association v. Walton, 133 Ark. 348 , 202 S. W. 20 , we stated the law upon this subject as follows : " ‘The doctrine of warranty, in the law of insurance, is one of greater rigor, and frequently operates very harshly upon the assured, and courts will never construe a statement as a warranty unless the language of the policy is so clear as to preclude any other construction’.” Our statute prescribes that in the absence of fraud all statements made by the insured shall be deemed representations and not warranties.

1932“In American Life & Accident Association v. Walton, 133 Ark. 348 , 202 S. W. 20 , we stated the law upon this subject as follows : " ‘The doctrine of warranty, in the law of insurance, is one of greater rigor, and frequently operates very harshly upon the assured, and courts will never construe a statement as a warranty unless the language of the policy is so clear as to preclude any other construction’.” Our statute prescribes that in the absence of fraud all statements made by the insured shall be deemed representations and not warranties.