SOUTHERN TITLE INS. CO. v. OLLER

No. 80-33.

595 S.W.2d 681 (1980)

SOUTHERN TITLE INSURANCE CO., Appellant, v. Paul OLLER, Jr., and Pearline Oiler, Appellees.

Supreme Court of Arkansas.

March 24, 1980.


Attorney(s) appearing for the Case

Graves & Graves, Hope by John Robert Graves and Wm. Randall Wright, Hope, on brief only, for appellant.

Tackett, Moore, Dowd & Harrelson by Gene Harrelson, Texarkana, for appellees.


HOLT, Justice.

In 1975 appellees purchased approximately 400 acres of property in Hempstead County. At the same time, they purchased title insurance from the appellant which insured against any loss or damage they might sustain by reason of certain enumerated defects or unmarketability of their fee simple title to the property. However, the policy contained the following exclusionary clause: "subject to mineral interest leased or reserved." There was in existence...

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