Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ogren v. Sandaker

Supreme Court of North Dakota

April 25, 2017

Jennifer Ogren; Lisa Marie Ogren Castle; Eric Marcus Ogren, Plaintiffs and Appellants
v.
Marlene Sandaker; Karen Walden; Marlys Rulon; Defendants and Appellees and Jennie Rae Davis; Joel D. Wagner, as Personal Representative of the estate of Marilyn C. Wagner; Randy Barkie; Andrew Barkie; Kurt B. Barkie; Patrick Flanigan; Cristina Flanigan; Alfred Barkie; Paulette Barkie; Mary Cook; Marathon Oil Company; Oasis Petroleum North America LLC; and all other person known and unknown having or claiming any right, title, estate or interest in or lien or encumbrance upon the real property described in the complaint, whether as heirs, devisees, legatees, or Personal Representatives of the aforementioned parties or as holding any claim adverse to Plaintiffs' ownership or any cloud upon Plaintiffs' title thereto, Defendants

         Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable David W. Nelson, Judge.

          Paul Campbell, for plaintiffs and appellants.

          Thomas E. Kalil, for defendants and appellees.

          OPINION

          CROTHERS, JUSTICE.

         [¶ 1] Jennifer Ogren, Lisa Marie Ogren Castle and Eric Marcus Ogren appeal from a summary judgment in favor of Marlene Sandaker, Karen Walden and Marlys Rulon. The Ogrens argue the district court erred by granting summary judgment in favor of Sandaker, Walden and Rulon because the 1958 assignment of royalty granted a fractional royalty and not a fraction of royalty. We affirm.

         I

         [¶ 2] In 1958 Mike and Lorene Albert conveyed a 1/8th royalty interest to each of Mike Albert's seven siblings. Mike and Lorene Albert retained the mineral interest and a 1/8th royalty interest. Each of Mike Albert's siblings owned a 1/8th royalty interest. The conveying language of the 1958 assignment of royalty states:

"That Mike Albert and Lorene Albert, husband and wife, ... do hereby sell, assign, transfer, convey and set over unto the said assignees, all of their right, title and interest in and to the Seven-eighths (7/8 SHARE) royalty, of all of the oil and of all the gas produced and saved from the hereinafter described lands."

         The intent language of the instrument states:

"IT IS THE INTENT OF THE ASSIGNORS to assign to each of the seven assignees an equal, but undivided, one-seventh division of the seven-eighths share of royalty being assigned herewith so that each assignee receives an undivided one-eighth share of the total royalty."

         The instrument further provides: "assignors do hereby assign said royalty under the lease now covering said lands as well as any lease, or leases, that may be hereafter made covering said premises."

         [¶ 3] In 2004 Lorene Albert, as surviving widow of Mike Albert, conveyed to her children, Kathryn Ogren, Karen Walden, Marlene Sandaker and Marlys Albert, her remaining 1/8th royalty interest in the property. Through a series of assignments and corrective assignments, Kathryn Ogren obtained 5/8th of the 7/8th royalty interests from her relatives who received the 1958 assignment. Kathryn Ogren then conveyed the 5/8th royalty interest and her share of the 1/8th royalty interest received from her parents to her children, Erik Marcus Ogren and Lisa Marie Ogren Castle.

         [¶ 4] In 2009 Sandaker, Walden and Rulon leased the property to an oil company for a 3/16th royalty interest. In 2011 an attorney prepared a drilling title opinion concluding the 1958 assignment of royalty conveyed a fractional royalty to Mike Albert's seven siblings. A second title opinion in 2012 concluded the 1958 assignment of royalty conveyed a fraction of royalty to Mike Albert's seven siblings.

         [¶ 5] In 2013 the Ogrens commenced an action to quiet title to the disputed royalty interests. The parties filed cross-motions for summary judgment to resolve the interpretation of the 1958 assignment. The district court entered an order and judgment in favor of Sandaker, Walden and Rulon, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.