Mills v. Blanche
Mills v. Blanche
Opinion of the Court
This suit was brought by Blanche Hogan Harkin to set aside and cancel an oil-and-gas lease executed by Thomas Hogan, her father, to W. M. Mills. The title to the land was in the daughter, to whom the parents had conveyed it when she was an infant eighteen months old. The conveyance Was recorded when it was executed, and the lessee had constructive notice that the grantor of the lease had no title to the land. Believing, however, that Thomas Hogan was the owner, Mills •expended $500 in developing oil and gas, and thereby increased the value of the land to double what it was.
The daughter may have known all about the lease. There Were some circumstances in proof tending to show that she did. But the court made special findings of fact covering every disputed point in the case, setting aside the finding of the jury, to whom certain issues of fact had been submitted merely to aid the court; and the court’s findings are that the conveyance to the daughter was in good faith for value, that the deed was placed on record and afterward delivered to the daughter, and that the. daughter had possession of the land at the time the lease was executed and had no knowledge or notice of the lease. These findings cannot be disturbed on the ground that in the opinion of plaintiff in error they are against the weight of the evidence or that the evidence is not sufficient to support each •and all of them.
No errors being found in the record, the judgment is affirmed.
Reference
- Full Case Name
- W. M. Mills v. Blanche Hogan Harkin
- Status
- Published