T.H. McElvain Oil & Gas Ltd. P'ship v. Benson-Montin-Greer Drilling Corp.
34,993
| N.M. | Oct 20, 2016Background
- In 1928 the Wilsons reserved oil and gas rights when they conveyed New Mexico land to David Miller; David later conveyed to his brother Thomas Miller. 1948: Thomas filed a quiet-title action in San Juan County naming many defendants including the Wilsons.
- Thomas’s verified complaint alleged defendants were missing or their whereabouts unknown; service was by publication in a local Farmington weekly for four weeks and the sheriff’s return stated diligent search in San Juan County failed to locate defendants.
- A December 20, 1948 quiet-title judgment vested fee simple title to the subject acreage in Thomas Miller; subsequent conveyances and leases led later parties to rely on that judgment.
- Plaintiffs (successors to the Wilsons’ reserved mineral rights) sued in 2010 to quiet title to mineral interests, collaterally attacking the 1948 judgment as void for lack of due-process notice by publication.
- The district court (via a special master) granted summary judgment to defendants, finding Miller’s 1948 efforts sufficiently diligent; the Court of Appeals reversed, but the New Mexico Supreme Court reversed the Court of Appeals, holding the 1948 publication satisfied due process and the collateral attack failed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 1948 service by publication satisfied Due Process | Publication was inadequate because Miller failed to undertake minimal, good-faith steps (e.g., searching San Diego records) to locate Mabel Weeber, so judgment is void as to her successors | The verified complaint and sheriff’s return show diligent search and that names/addresses were not reasonably ascertainable in 1948; publication was a permissible last resort | Held: Publication met constitutional standard because names/addresses were not reasonably ascertainable given 1948 circumstances; jurisdiction was valid |
| Standard for collateral attack on long‑standing judgment | Plaintiffs: lack of jurisdiction must appear on the face of the record; argue it does here because service was insufficient | Defendants: high presumption of jurisdiction; collateral attacks require affirmative showing on the judgment record | Held: Plaintiffs failed to meet the heavy burden; absence of jurisdiction did not affirmatively appear on the record |
| Relevance of Mullane/Mennonite line (when mail notice required) | Mullane/Mennonite require actual notice if names/addresses are reasonably ascertainable; Plaintiffs argue they were | Defendants: those cases permit publication when names/addresses are not reasonably ascertainable; here they were not in 1948 | Held: Applied Mullane/Mennonite: because the Wilsons’ identities/addresses were not reasonably ascertainable with the practical means available in 1948, publication comported with due process |
| Effect of finality and reliance interests in quiet-title judgments | Plaintiffs emphasize due-process protections for property owners | Defendants emphasize societal reliance on quiet-title stability for land/mineral commerce | Held: Court gives strong weight to finality; without clear record evidence of jurisdictional defect, longstanding quiet-title judgments should not be disturbed |
Key Cases Cited
- Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S. 306 (1950) (notice must be reasonably calculated under circumstances to apprise interested parties; publication insufficient when names/addresses are readily available)
- Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (1983) (mail or other means likely to ensure actual notice required when mortgagee’s name/address are reasonably ascertainable)
- Davis Oil Co. v. Mills, 873 F.2d 774 (5th Cir. 1989) (constructive notice may satisfy due process when identifying interested parties from records would be unduly burdensome)
- Aarco Oil & Gas Co. v. EOG Res. Inc., 20 So.3d 662 (Miss. 2009) (publication sufficed for mineral owners when identities/whereabouts were not readily ascertainable; owners could have protected interests by separate tax/recording measures)
- Campbell v. Doherty, 206 P.2d 1145 (N.M. 1949) (New Mexico precedent requiring diligent, good-faith effort to locate defendants before resorting to publication)