JERRY D. DUVALL, WANDA DUVALL, R.D. WILLIAMS & COMPANY and XTO ENERGY INC. APPELLANTS
VICKI E. CARR-POOL AS TRUSTEE OF THE TRV IRREVOCABLE TRUST APPELLEE
FROM THE CONWAY COUNTY CIRCUIT COURT [NO. 15CV-2013-057]
HONORABLE DAVID H. MCCORMICK, JUDGE
& Caruth, PLC, by: Ben Caruth and Jeannie L. Denniston,
& Co., PLLC, by: Tim Cullen, for appellee.
M. GLOVER, Judge.
the second time this case is before us on appeal. In the
first appeal, our court dismissed for lack of a final order.
Duvall v. Carr-Pool, 2016 Ark.App. 118. We now have
a final order; appellants Jerry and Wanda Duvall (Duvall)
have again appealed the Conway County Circuit Court's
decision to quiet title to mineral rights (the "mineral
rights") in appellee Vicki Carr-Pool, as trustee of the
TRV Irrevocable Trust (Carr-Pool), in the following real
property (the "real property") in Conway County,
Arkansas, to wit:
The Northeast Quarter of the Northwest Quarter (NE1/4NW1/4)
of Section 33, Township 8 North, Range 17 West, except 10
acres in the Southwest corner thereof, conveying 30 acres,
more or less.
affirm the trial court's decision to quiet title to the
mineral rights in Carr-Pool, but we do so on a different
basis than determined by the trial court.
April 2013, Carr-Pool filed a petition to quiet title in the
mineral rights and for a declaratory judgment that Duvall
owns only the surface rights to the real property. Duvall
resisted her petition. Prior to trial, the parties jointly
stipulated the following facts concerning the chain of title
and curative-title measures:
1. January 25, 1967, Warranty Deed, Mayne Hawkins and Matilda
Hawkins conveyed the surface rights to the property at issue
to Dr. W.J. Cargile and reserved all oil, gas, and other
minerals for Mayne and Matilda Hawkins.
2. July 10, 1970, Warranty Deed, Dr. W.J. Cargile conveyed
the surface rights to the property at issue back to Mayne
Hawkins, Conway County Circuit Clerk Page 26 of Record Book
3. The July 10, 1970, Warranty Deed from Dr. W.J. Cargile to
Mayne Hawkins stated that all oil, gas, and other minerals
were reserved by Cargile. Cargile never obtained an interest
or ownership in the oil, gas, and other minerals as all
interests in oil, gas, and other minerals were reserved by
Mayne Hawkins and Matilda Hawkins in the Warranty Deed dated
January 25, 1967.
4. August 5, 1974, Warranty Deed, Mayne Hawkins and Matilda
Hawkins conveyed a Warranty Deed to Duvall involving the
property at issue. Rights conveyed by said Deed are at issue
in this herein lawsuit. Conway ...