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SIMPSON v. BURRIS

No. 39103.

365 P.2d 134 (1961)

O.L. SIMPSON, Plaintiff in Error, v. A.D. BURRIS, Defendant in Error.

Supreme Court of Oklahoma.

September 26, 1961.

Attorney(s) appearing for the Case

Varner & Miller, Poteau, Raymond A. Tolbert, George Fisher, Oklahoma City, J. Sam Wood, Ft. Smith, Ark., for plaintiff in error.

Kelly Brown, Muskogee, for defendant in error.

BERRY, Justice.

On July 5, 1951, defendant in error, A.D. Burris, conveyed by warranty deed approximately 1,900 acres of land lying in LeFlore County, Oklahoma, to Leone Jowell and R.B. Jowell. Following the warranty clause in the deed, this provision was inserted:

"Except: It is understood and agreed that grantor conveys to grantees one-half of all of the oil, gas and other minerals and the rights thereunto appertaining...

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