CUNNIUS v. FIELDS

No. 41776.

449 P.2d 703 (1969)

Nolen R. CUNNIUS and LaFern Cunnius, Plaintiffs in Error, v. Jonas A. FIELDS, Arthur W. Fields, James J. Fields, Evelyn May Fields, Merle Francis Kidd and Mildred Childers, Defendants in Error.

Supreme Court of Oklahoma.

January 14, 1969.


Attorney(s) appearing for the Case

Luttrell, Luttrell & Pendarvis, Norman, Charles E. Jackson, Pauls Valley, for plaintiffs in error.

William G. Paul, of Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Oklahoma City, for defendants in error.


HODGES, Justice.

The problem under consideration in this appeal arose out of the execution and delivery of a warranty deed which purported to transfer the surface and surface estate with a reservation of a 1/4th mineral interest. It was later discovered that the grantors owned a 1/2 mineral interest.

The plaintiffs are the heirs (surviving husband and children) of one Ada May Fields, who died intestate leaving...

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