Beware Assignor: Own the Leases Before You Reserve the Override | Gray Reed

Let’s start with a test. Armor purchases non-recourse mortgage bonds, becoming a concessionaire on 99 oil and gas leases and 13 wells; failure to register transfer documents in the registers of real property; assigns leases to Sandel, retaining overriding title to 23 leases; Nor could it show that privileges were forbidden at all. Litigation arises between Armor, Sandel and the CML operator. whats the result:

A. Shield wins by falling act.

B. Armor beats CML on breach of contract.

c- The alleged reservation is invalid. The shield is strange to the title.

D. It does not matter. The Environmental Protection Agency, after “mostly peaceful” protests by PETA (only three tank batteries were destroyed, seven F-250s, and an Amin unit thrown into a mud pit), halted operations as wells impinged on ever-shrinking habitats. Jackalopus Westexacanusa precious but rarely seen resident of Grimes County, Texas, protected by federal law.

in Armor Pipe Line Company et al. v. Sandel Energy Inc. et al. , “C” was the correct answer.

In the first mission, Armor kept overtaking. On a second mission, Armor sold the Overrun to Sandel. Sandel planted it for CML, which has drilled several successful wells.

CML concluded that the hold was ineffective and the funds were put on hold. Sandel sued for a declaratory ruling that the first waiver was void, instead, nullifying Armor’s rights of overriding so that Armor had no claim for royalty, and for a declaratory judgment based on Armor’s release of the concessions.

Armor filed a counterclaim on the principle of closure by act as the rightful owner of the breach and breach of contract against CML for non-payment of revenue from production.

There were cross motions and requests for summary judgment, and an appeal, followed by more motions and cross motions.

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Armor was a stranger to the title. An exception or reservation in favor of an alleged owner of real property who is in fact a stranger to the property with no interest in the property does not create any bond in that stranger.

Armor’s claim to stop the business by act was unsuccessful. Under estoppel, a party claiming through a contract is bound by anecdotes in a deed to which the party or its predecessor was a party. A “Recital” is a formal statement or factual statement in an instrument in order to explain the reasons for which the transaction was found.

The requirement for granting the first waiver, the reservation of override, and the exemption of override from the grant was not a recitation. A waiver of the assignor’s right, title, and interest reflects an intent to transfer any interest that the assignor may have rather than a statement that it owns the interests. Likewise, a reservation or an exception creates a right in favor of the grantor. Armor’s alleged reservation and exclusions were not parties.

Armor’s argument that the second waiver was grounds for shutdown was dismissed by act. Sandel did not claim her title based on a second waiver. Since there is no evidence that Armor is prohibited from the franchise, the franchisor’s status did not give him any right, title, or interest in the leases.

The court awarded statutory fees for CML as intervening up to $42,000. See pages 16-20 of the opinion for a tutorial on a stakeholder’s right to charge at entries, including when a stakeholder also has an interest in a claim.

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