196 Ky. 312 | Ky. Ct. App. | 1922
Opinion op the Court by
Reversing.
This appeal is from a judgment cancelling an oil and gas lease held by appellants on land owned by appellees.
The facts are these: On January 2, 1912, J. S. Carlock executed the following deed:
‘ ‘ This deed of conveyance made and entered into this the 2nd day of January, 1912, between J. S. Oarlock of Trammel, Allen county, Ky., party of the first part.
Witnesseth: That said party of the first part for and in consideration of the sum of $5.00 and the parental love of father and sons, the receipt of which is hereby acknowledged, does hereby sell and convey to the parties of the second part, their heirs and assigns, the following described property to-wit: (Here follows description of property.)
“The party of the first part retains possession of this land until his death, at which time the parties of the sec*313 ond part are the legal owners and shall take possession of the same.
“To have and to hold the same, together with all the appurtenances thereunto belonging unto the parties of the second part, their heirs and assigns forever, and the said party of the first part hereby convenants with the said parties of the second part that he will warrant the title to the property hereby conveyed unto the said parties of the second part,- their heirs and assigns forever.
“In testimony whereof the party of the first part has hereunto subscribed his name the day and year aforesaid. “(Signed) J. S. Oarlock.”
/On April 15, 1916, J. S. Oarlock, the grantor in the above deed, executed an oil and gas lease on the same land to appellants, E. 0. Huntsman and H. E. Dixon, and the lease was promptly recorded in the Allen county clerk’s office.
On April 23, 1919, J. S. Oarlock and his two sons, Claude Oarlock and Guy Oarlock, conveyed the land to appellees, W. W. Bryant and M. M. Bryant, by deed containing the following clause:
“The above described land has been leased to Earl C. Huntsman and H. E. Dixon bearing date April 15th, 1916, and this deed conveys to second parties all the oil and gas rights same retained in said lease to J. S. Oarlock, lessor.”
The correctness of the judgment depends on the validity of the deed of January 2, 1912. If the deed is valid, then J. S. Oarlock, who reserved only a life estate, could not execute a valid oil and gas lease. On the other hand, if the deed is invalid, then no title passed from the grantor and he had the power to make a valid lease. In discussing the requisites of a deed Blackstone says, “So, as in every grant, there must be a grantor, a grantee and a thing granted.” Blackstone’s Commentaries (Chitty), vol. 1, book '2, p. 239. In the early case of Garnett v. Garnett’s Lessee, 7 T. B. Mon. 545, there was involved the validity of the following release made by Thomas Garnett on a deed from William to James H. Garnett of the same date: “I do hereby relinquish all the right and title to the within mentioned tract of land, that I hold by deed or any other claim whatsoever; as witness my hand and seal, this 7th day of July, 1812.” In discussing the question the court said: “The relinquishment
Judgment reversed and cause remanded with directions to dismiss the petition.