PROBASCO, SR. v. SIKES

No 2768

77 Wyo. 108 (1957)

307 P.2d 817

MORGAN C. PROBASCO, SR., Plaintiff and Appellant vs. ELLA M. SIKES, et al., Defendants and The Sohio Petroleum Company, an Ohio Corporation, and The Board of County Commissioners of Albany County, Wyoming Defendants and Respondents.

Supreme Court of Wyoming

February 26, 1957


Attorney(s) appearing for the Case

For the plaintiff and appellant the cause was submitted upon the brief and also oral argument of G.R. McConnell and Walter Scott both of Laramie, Wyoming.

For the defendant and respondent Sohio Petroleum Company the cause was submitted upon the brief of Brown, Drew & Apostolas of Casper, Wyoming.

For the defendant and respondent Board of County Commissioners of Albany County, Wyoming, the cause was submitted upon the brief and also oral argument of J. Richard Plumb, Deputy County and Prosecuting Attorney of Laramie, Wyoming.

Heard before Blume, C.J., and Harnsberger and Parker, J.J.


OPINION

Mr. Chief Justice BLUME delivered the opinion of the Court.

The main question involved in this case is whether or not a board of county commissioners may reserve the mineral rights in a property when that property is sold after having received a deed for it.

This is an ordinary action to quiet title in plaintiff Morgan C. Probasco, Sr., in and to lots 5, 6, 7, and 27 to 32, inclusive, in block 7 of Commercial Addition to the town of Rock...

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