BIG FOUR PETROLEUM CO. v. QUIRK

No. 64913.

755 P.2d 632 (1988)

BIG FOUR PETROLEUM COMPANY, an Oklahoma Corporation, Richard O. Nossaman, Triad Petroleum, Elmo Nossaman, James Fishback, Charles Rearden, Terry Martin, Appellants, v. Patrick J. QUIRK, Jo Ann B. Quirk, Jack B. Smith, Mary Lois Smith, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied June 21, 1988.


Attorney(s) appearing for the Case

George S. Corbyn, Jr., Ryan, Holloman, Corbyn & Geister, Oklahoma City, for appellants.

R.L. Hert, Jr., Hert, Baker & Kistler, Stillwater, for appellees.


SUMMERS, Justice.

This case boils down to a single question: Does the purchaser of an executor's oil and gas lease, which lease is recorded in the county records but unconfirmed by the probate court, have an equitable (and therefore enforceable) right to produce oil and gas as against a mineral owner who purchases its mineral interest from the executor after recordation of the unconfirmed lease? We answer in the affirmative...

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