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Duvall v. Carr-Pool

Court of Appeals of Arkansas, Division III

December 14, 2016

JERRY D. DUVALL, WANDA DUVALL, R.D. WILLIAMS & COMPANY and XTO ENERGY INC. APPELLANTS
v.
VICKI E. CARR-POOL AS TRUSTEE OF THE TRV IRREVOCABLE TRUST APPELLEE

         APPEAL FROM THE CONWAY COUNTY CIRCUIT COURT [NO. 15CV-2013-057] HONORABLE DAVID H. MCCORMICK, JUDGE

         AFFIRMED.

          Gordon & Caruth, PLC, by: Ben Caruth and Jeannie L. Denniston, for appellants.

          Cullen & Co., PLLC, by: Tim Cullen, for appellee.

          DAVID M. GLOVER, Judge.

         This is 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.

         We 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.

         In 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 No. 104.
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 ...

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