Mineral Deeds: Quitclaim Deeds Mineral Deeds: Doctrine of After-Acquired Title

摘要

The Carkuffs appeal from a judgment quieting title in the Balmers. On June 11, 1953, Alice Carkuff executes a "mineral" deed granting "an undivided entire (100%) interest" in and to all of the oil, gas, and other minerals under land she owned in fee to her daughters: Alta Quinn, June McAlmond, Genevieve Balmer, and Leila Home. The same day Alice Carkuff also executes a "quitclaim" deed, granting only the surface rights of the land to her son, James Carkuff, who is the predecessor in interest to the Carkuffs. The daughters are predecessors in interest to the Balmers. Both the mineral deed and the quitclaim deed are recorded on October 25, 1955. Meanwhile, on October 20, 1953, Alice Carkuff executes a quitclaim deed to James Carkuff for the property, which is recorded on February 1,1954. On June 13,1958, James Carkuff executes a deed conveying the "surface rights only" of the property back to Alice Carkuff, and this deed is recorded on June 16, 1958. On June 13, 1958, Alice Carkuff executes a deed conveying the "surface rights only" of the property back to James Carkuff, which is later recorded on December 22, 1965. On May 4, 1959, by four separate quitclaim deeds, the daughters and their husbands convey the mineral interests in the property back to Alice Carkuff. These four deeds are recorded on December 14, 1959. On April 18, 1963, Alice Carkuff again transfers the interest in the mineral rights of the property by quitclaim deed back to her daughters. This deed is recorded on December 22, 1965. In 2008, the Carkuffs sue the Balmers to quiet title in the oil, gas, and other minerals in the land. The Balmers and the Carkuffs file cross-motions for summary judgment. After a hearing, the district court grants the Balmers' motion, quieting title to the mineral rights in the land in the Balmers, concluding that the Carkuffs do not have an interest in the minerals under the doctrine of after-acquired title because title based upon a quitclaim deed does not pass after-acquired title. Specifically, the court notes that the quitclaim deed does not purport to convey the "property itself," but only Alice Carkuffs "right, title and interest (if any) therein." Thus, no after-acquired title passed by operation of law to James Carkuff or his successors in interest, when Alice Carkuff s four daughters conveyed all of their right, title, and interest in the minerals under the property back to their mother on May 4, 1959.