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WHITNEY HOLDING CORP. v. TERRY

No. S-11-0075.

270 P.3d 662 (2012)

2012 WY 21

WHITNEY HOLDING CORPORATION, Appellant (Defendant), v. Clarence William TERRY and Peggy Ann Terry, Trustees of the Declaration of Trust Dated February 27, 1990, Appellees (Plaintiffs).

Supreme Court of Wyoming.

February 14, 2012.

Attorney(s) appearing for the Case

Representing Appellant: Mistee L. Godwin and Dan B. Riggs , Lonabaugh & Riggs, LLP, Sheridan, Wyoming; Joseph E. Jones , Fraser Stryker PC, Omaha, Nebraska. Argument by Mr. Jones .

Representing Appellees: S. Thomas Throne and Jacob T. Haseman , Throne Law Office, P.C., Sheridan, Wyoming. Argument by Mr. Throne and Mr. Haseman .

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

BURKE, Justice.

[¶ 1] Appellant, Whitney Holding Corporation, challenges a decision of the district court quieting title in a certain mineral estate in favor of Appellees, Clarence and Peggy Terry. Whitney claims it reserved the mineral interest in a Limited Warranty Deed conveying the property from Whitney to the Terrys.1 Whitney contends the deed is unambiguous and that the district court erred in considering extrinsic evidence...

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