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Cavanaugh v. O'Connell

January 21, 1999

CHARLES W. CAVANAUGH
v.
J. E. O'CONNELL AND BILLY V. HARVEY



The opinion of the court was delivered by: Waller, Justice

DATE OF JUDGMENT: 08/13/1997

TRIAL JUDGE: HON. LARRY J. BUFFINGTON

COURT FROM WHICH APPEALED: JEFFERSON DAVIS COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - REAL PROPERTY

DISPOSITION: AFFIRMED IN PART; REVERSED AND RENDERED IN PART - 01/21/1999

EN BANC.

SUMMARY

¶1. This appeal arose from a decision of Chancellor Larry J. Buffington in the Jefferson Davis County Chancery Court handed down August 8, 1997. The Chancellor addressed the question of whether a term royalty deed executed on February 14, 1977, had expired due to specific provisions in the deed of conveyance. The Chancellor found the term royalty deed executed by Charles Cavanaugh and wife in favor of J.E. O'Connell and Billy V. Harvey was a valid term royalty deed down to the "diffrient sand" and any and all production below the sand should revert back to Cavanaugh and his heirs.

¶2. Cavanaugh appealed listing two issues.

I. THE COURT WAS MANIFESTLY IN ERROR IN FINDING THAT THERE WAS PRODUCTION OR ANY GOOD FAITH EFFORTS TO OBTAIN PRODUCTION FROM THE HAROLD STRINGER WELL 24-11 FROM NOVEMBER 1993 TO APRIL 1994

II. THE CHANCELLOR ABUSED HIS DISCRETION IN FINDING THE TERM ROYALTY DEED DID NOT TERMINATE DOWN TO THE "DIFFRIENT SAND," BUT DID TERMINATE AS TO THE SANDS BELOW THE "DIFFRIENT SAND"

FACTS OF THE CASE

ΒΆ3. Charles Cavanaugh brought an action against J.E. O'Connell and Billy Harvey seeking a declaration that the term of the royalty deed entered into between the ...


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