SMITH v. MARSHALL OIL CORP.

No. 96,987.

85 P.3d 830 (2004)

2004 OK 10

Max SMITH, d/b/a Smith Oil, Appellant, v. MARSHALL OIL CORPORATION, Appellee.

Supreme Court of Oklahoma.

February 10, 2004.


Attorney(s) appearing for the Case

Jack Mattingly, Sr., Jack Mattingly, Jr., Gary P. Snow, Mattingly, Snow & Mattingly, P.C., Seminole, OK, for Appellant.

James W. George, L. Mark Walker, Crowe & Dunlevy, A Professional Corporation, Oklahoma City, OK, for Appellee.1


WINCHESTER, J.

¶ 1 The dispositive issues on certiorari are whether the subject leases terminated under the terms of their habendum clauses, and whether ownership of certain equipment left on the leased premises by appellant, Max Smith, d/b/a Smith Oil, vested in the surface owner. We answer these questions in the affirmative.

FACTS AND PROCEDURAL HISTORY

¶ 2 The operator, Max Smith d/b/a Smith Oil, acquired oil and gas leases for properties...

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