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HIGHPOINTE ENERGY, LLC v. VIERSEN

No. 119,385.

489 P.3d 28 (2021)

2021 OK 32

HIGHPOINTE ENERGY, LLC., Plaintiff/Appellee, v. Ralph W. VIERSEN III, Patsy Ann Viersen Brown, Shelly A. Minahan, Trustee of the M.A. Viersen Revocable Trust, Dated May 16, 2007, the foregoing if living, but if deceased, then the unknown heirs, executors, administrators, devisees, trustees, grantees, successors, and assigns of such deceased person or persons HLR Oil & Gas, LLC., Keystone Energy Partners, LLC., Okmulgee Minerals, LLC., Viersen Oil & Gas Co., the foregoing if in existence and if not in existence then the unknown officers, successors, and assigns of such entity, Defendants/Appellants, v. Wake Energy, LLC, and Cline Living Trust dated October 13, 1997. Third-Party Defendants/Appellees.

Supreme Court of Oklahoma.

Filed June 2, 2021.

Attorney(s) appearing for the Case

W. Blake Hulse , Oklahoma City, Oklahoma, for Plaintiff/Appellee, Highpointe Energy, LLC.

Robert Inglish , Okmulgee, Oklahoma, MaryGaye LeBoeuf , Oklahoma City, Oklahoma, for Defendants/Appellants, Ralph W. Viersen, III, Pasty Viersen Brown, M.A. Viersen Revocable Trust, HLR Oil & Gas, LLC., Okmulgee Minerals, LLC., and Viersen Oil & Gas.

Treavor R. Henson , Tulsa, Oklahoma, for Third-Party Defendant/Appellee, Cline Living Trust.

Travis P. Brown , David M Mahaffey , Lincoln, C. Hatfield , J. Matt Hill , Oklahoma City, Oklahoma, for Third-Party Defendant/Appellee, Wake Energy, LLC.

¶1 This cause concerns a dispute over the title of approximately ninety net mineral acres located in McClain County, Oklahoma. It centers around two different chains of title stemming from the same property — one chain resulted from a 1930's foreclosure action and sheriff's deed, and the other chain stemmed from a 1930's...

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