Johnson v. Shield

Summary

The North Dakota Supreme Court affirmed summary judgment quieting title to disputed Williams County mineral interests in Suzanne M. Shield and other defendants. The court held that language in the warranty clause of a 1942 deed reserving 50 percent of the oil, gas, hydrocarbons, and minerals “to the grantor” unambiguously reserved those interests to the original grantors. The court rejected the argument that the language merely limited the warranty and affirmed the judgment.

Holdings

1. The phrase "reserving, however, to the grantor fifty per cent (50%) of all of the oil, gas, hydro-carbons and minerals" unambiguously reserved 50 percent of the mineral interests to the Goldenbergs.
2. Summary judgment was proper because the deed presented no genuine issue of material fact and the defendants were entitled to judgment as a matter of law.

Questions Presented

1. Whether the disputed language in the 1942 warranty deed unambiguously reserved 50 percent of the oil, gas, hydrocarbons, and minerals to the grantors rather than merely limiting the warranty.

Disposition

affirmed