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SMITH v. AMERADA PETROLEUM CORPORATION

No. 8219.

136 N.W.2d 483 (1965)

R. O. SMITH, Plaintiff and Respondent, v. AMERADA PETROLEUM CORPORATION, a corporation, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied August 17, 1965.

Attorney(s) appearing for the Case

R. O. Smith, Bismarck, for plaintiff and respondent.

Cox, Pearce, Engebretson, Murray & Anderson, Bismarck, and John S. Miller, Tulsa, Okl. [on oral argument], for defendant and appellant.

STRUTZ, Justice.

On August 11, 1949, Maryan Sather, a widow, and Oscar Sather, a single man, executed an oil and gas lease covering certain properties in Mountrail County. The properties covered by this lease consisted of two noncontiguous parcels totaling 640 acres. The lease executed by the Sathers contained an entirety clause, which was in the following words:

"10. If the leased premises shall hereafter be owned in severalty, or in separate tracts, the...

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