MULLINNIX LLC v. HKB ROYALTY TRUST

Nos. 05-80, 05-81.

126 P.3d 909 (2006)

2006 WY 14

MULLINNIX LLC, Appellant (Plaintiff), v. HKB ROYALTY TRUST, c/o H. Kirk Brown, III, Trustee; Jaw Royalty Trust, Jill A. Wiltse, Trustee; Louis A. Oswald, III, Trustee of the Oswald Family Trust Dated April 27, 1998; Jonathan S. Roderick; Lynne M. Baalman and Mark E. Baalman, wife and husband; High Plains Associates, Inc.; Jimmie E. Parnell and Nancy Parnell, Husband and Wife; First Interstate Bank of Commerce and Mildred B. Parnell as co-trustees of the Parnell Primary Trust; Pennaco Energy, Inc.; Barrett Resources Corporation; Lance Oil and Gas Company, Inc.; Kenneth A. Schienker; William M. Fulton, III; Tongue River Royalties; M & M Oil and Gas Properties, LLC; Jimmie E. Parnell, individually; U.S. Bank National Association, NA; Mary Jo Schuman; Brian Lute Morton; William Dake Morton, a/k/a William Duke Morton; Mildred Smith; William W. Higgins and Barbara Lee Higgins, Husband and Wife; Michael Bennett, Attorney-in-fact for Mary Frances Bennett; Bank One, f/k/a The First National Bank of Chicago, NA; Don McDonald, Successor Trustee; Vernon A. Johnson and Teresa F. Johnson, Husband Wife; Richard E. Frazey; Mildred B. Parnell, Trustee of the Parnell Trust; First Interstate Bank, as Trustee of the Parnell Trust; Tower Colombia Corporation; Marshall C. Crouch III; Jane R. Crouch; Quantum Energy; Mike J. Coulter and Shirley P. Coulter, Husband and Wife; Mildred B. Parnell and First Interstate Bank of Commerce, Co-trustees with Reginald R. Parnell, deceased, of the Reginald R. Parnell Trust Dated April 5, 1976; Mildred B. Parnell and First Interstate Bank of Commerce, Co-trustees with Reginald R. Parnell, deceased, of the Mildred B. Parnell Trust Dated April 5, 1976; Mabel K. Rothwell, Widow of James L. Rothwell, a/k/a Jim Rothwell, deceased; Mabel K. Rothwell, as successor in interest, Heir and Beneficiary of Jim Rothwell, a/k/a James L. Rothwell, individually; and North Finn, LLC, Appellees (Defendants). John W. Hickman; Fred Boyce, Jr., Personal Representative of the Estate of Fred J. Boyce; and Lane Boyce, Appellants (Defendants), v. Bernice Groves; James E. Drake; and Edra June Drake, Appellees (Plaintiffs).

Supreme Court of Wyoming.

January 24, 2006.


Attorney(s) appearing for the Case

Representing Appellants: Cameron S. Walker of Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming.

Representing Parnell Appellees: James L. Edwards of Stevens, Edwards, Hallock & Carpenter, P.C., Gillette, Wyoming.

Representing Appellee Pennaco Energy, Inc., S. Thomas Throne of Throne & Hurst, Sheridan, Wyoming.

Representing Appellees: Kendal R. Hoopes and Jay A. Gilbertz of Yonkee & Toner, Sheridan, Wyoming.

Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.


KITE, Justice.

[¶ 1] The dispositive issue in this case was whether deeds reserving "oil rights" which were executed in the 1940s in Campbell County, effectively reserved gas rights without a specific reference to "gas." In these consolidated appeals, Mullinnix, LLC and John W. Hickman, Fred J. Boyce and Lane Boyce (hereinafter referred to as Hickmans) contest the district court's order quieting title in gas rights in...

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