Appendix — Texaco, Inc. v. Short
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No, 80-965
Office-Supreme Court, U.S.
AL BD
APR 27 198)
ALEXANDER L. STEVAS,
IN THE CLERK
SUPREME COURT OF THE UNITED.
OCTOBER TERM, 1980
TEXACO, INC., ROBERT BRASELTON, ELECTRA
FIELDS, CHARLES BRASELTON, CHESTER
BRASELTON, ROBERT E. BRASELTON, CLIFFORD
N. BRASELTON, OSBORNE T. BRASELTON, JR.,
DAVID E, BURKHART, JOHN P. BRASELTON,
ROSA G. BURKHART, D. W. MAYHEW, d/b/a
MAYHEW OIL AND GAS DEVELOPMENT,
Appellants,
vs.
LOUISE F. SHORT,
Appellee,
STATE OF INDIANA,
Intervenor.
JOINT APPENDIX
JOHN L. CARROLL VERN P. PARTENHEIMER, JR.
Johnson, Carroll & Griffith 219 N. Hart Street
2230 West Franklin Street Princeton, Indiana 47670
Evansville, Indiana 47712
Telephone: (812) 425-4466
Attorneys for Appellants Attorney for Appellee
ee
Whipporwill publications, 4400 Jackson Ave., Evansville, Ind. 47715, Phone 424-3680
No. 80-965
IN THE
SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1980
TEXACO, INC., ROBERT BRASELTON, ELECTRA
FIELDS, CHARLES BRASELTON, CHESTER
BRASELTON, ROBERT E. BRASELTON, CLIFFORD
N. BRASELTON, OSBORNE T. BRASELTON, JR.,
DAVID E. BURKHART, JOHN P. BRASELTON,
ROSA G. BURKHART, D. W. MAYHEW, d/b/a
MAYHEW OIL AND GAS DEVELOPMENT,
Appellants,
LOUISE F. SHORT,
Appellee,
STATE OF INDIANA,
Intervenor.
JOINT APPENDIX
JOHN L. CARROLL VERN P. PARTENHEIMER, JR.
Johnson, Carroll & Griffith 219 N. Hart Street
2230 West Franklin Street Princeton, Indiana 47670
Evansville, Indiana 47712
Telephone: (812) 425-4466
Attorneys for Appellants Attorney for Appellee
TABLE OF CONTENTS
Relevant Docket Entries of Gibson Circuit Court ....... on
Relevant Docket of Entries of The Supreme Court
OF TRGTARD 2 6. vids occ cwcesvacncecocccce seteees 2
Complaint for Declaratory Judgment ..............005: 3
Answer of Defendants ............cccccccecscccccees 7
UIE 6. in UCie'l'b a bielv bio db abide bbe eeVoces 18
Judgment of Gibson Circuit Court
(See page A-14 of Jurisdictional Statement)
Opinion of the Supreme Court of Indiana
(See page A-1 of the Jurisdictional Statement)
Joint Appendix signed by:
JOHN L. CARROLL
2230 W. Franklin Street
Evansville, Indiana 47712
Attorney for Appellants
VERN P. PARTENHEIMER, JR.
219 N. Hart Street
Princeton, Indiana 47670
Attorney for Appellee
RELEVANT DOCKET ENTRIES OF
GIBSON CIRCUIT COURT
(Omitting Captions and Signatures)
June 6, 1977 - Comes now Johnson, Carroll & Griffith
and enters their appearance as attorneys for all defendants
July 22, 1977 - Comes now the Defendants by counsel,
and file Answer.
Aug. 16, 1977 - Plaintiff files answer to defendants’
Count VIII, Cross-Complaint for Declaratory Judgment in one
pleading paragraph, and answer to defendants’ Count IX,
Counter-Claim to Quiet Title, in two pleading paragraphs.
Sept. 19, 1977 - Comes now the State of Ind. by coun-
sel and enters their appearance in the above entitled cause of
action.
Sept. 18, 1978 - Comes now the plaintiff, by counsel,
and come now the defendants, by counsel, same now comes
on for judgment by the Court, without the intervention of a
jury. And now the Court finds: HI. IT IS THEREFORE
CONSIDERED, ORDERED ADJUDGED AND DECREED
that judgment herein be entered in accordance with the afore-
mentioned Findings of Facts and Conclusions of Law and that
plaintiff take nothing by her complaint, that defendants are
entitled to relief as set forth herein and that the plaintiff pay
the costs of this action.
10-27-78 - Comes now the plaintiff, by counsel, and
files Motion to Correct Errors.
11-06-78 - The Court overrules Plaintiff's Motion to
Correct Errors.
11-08-78 - The Court having had brought to its at-
tention that a typographical error in its Judgment Entry of
September 18, 1978 was made, causing the same not to con-
form to the Stipulation of Facts, now corrects Conclusion of
Law (D) to make the same conform with numbered paragraph
ten (10) of the Stipulation of Facts and to provide that an
undivided 1/16 interest in the oil, gas, and other minerals
described in said Conclusion of Law (D) is vested in the defen-
dants O. T. Brazelton, Jr. and Robert E. Brazelton rather
than an undivided 1/6.
2 «
11-20-78 - Plaintiff files Praecipe for Transcript of the
Record for use on appeal to the Indiana Supreme Court.
10-16-80 - Come the parties by counsel, and the Court
now receives a certified copy of the Opinion of the Supreme
Court of Indiana issued in this cause on June 23, 1980, which
is in words and figures following, to-wit: (H.I.) And the Court
now does vacate the judgment heretofore entered and in lieu
thereof enters the following conclusions of law and judgment:
(HERE COPY) and the Court orders that the defendants shall
pay the costs of this action. (EF)
RELEVANT DOCKET OF ENTRIES
OF THE SUPREME COURT OF INDIANA
(Omitting Captions and Signatures)
1979, Jan. 18 - Record of Proceedings Filed
1980, Jan. 8 - Order Court Grants consolidated Oral
Argument to be held in Supreme Court on Tues. Jan. 29,
1980 at 1:30 p.m.
1980, June 23 - 1980 TERM - JUDGMENTS RE-
VERSED AND CAUSES REMANDED FOR ENFORCEMENT
OF THE ACT - DeBRULER, J.; GIVAN, CJ, HUNTER, PREN-
TICE and PIVARNIK, JJ, CONCUR.
1980, July 12 - Appellee’s Petition for Rehearing
1980, September 24 - Petition for Rehearing Denied.
Givan, C.J.
COMPLAINT FOR DECLARATORY JUDGMENT
(Omitting Captions and Signatures)
Plaintiff complains of defendants, and each of them,
and says: |
1. By Executor’s Deed, dated October 29, 1974, Deed
Dr. 2, Card 8844, office of the Recorder of Gibson County,
Indiana, plaintiff acquired ownership of the following land
in Gibson County, Indiana, to-wit:
The east half of the southwest quarter of Section
twenty-nine (29), Township two (2) south, Range
eleven (11) west, containing eighty (80) acres,
more or less;
ALSO, a part of the west half of the southwest
quarter of Section twenty-nine (29), Township
two (2) south, Range eleven (11) west, and more
particularly described as follows:
Beginning at the northeast corner of said half
quarter section and running thence south one
hundred four (104) rods; thence west to the west
line of said half quarter section; thence north to
the northwest corner thereof; thence cast to the
place of beginning, and containing fifty-two (52)
acres, more or less, and
containing in all one hundred thirty-two (132)
acres, more or less; SUBJECT TO THE FOLLOW-
ING:
_ The rights, if any, of the Grantees and their
successors and assigns, under the following Mineral
Deeds:
(a) An undivided one-half interest in
and to all of the oil, gas and other minerals,
EXCEPT COAL, conveyed by John T.
Mounts and Bessie Mounts, husband and
wife, as Grantors, to Bur-Kan Petroleum
Company, as Grantee, by mineral deed
dated April 9, 1942, recorded in Deed
Record 115, page 197, office of the Re-
corder of Gibson County, Indiana.
(b) An undivided three-sixteenth
(3/16) interest in and to all of the oil, gas
and other minerals, conveyed by John T.
Mounts and Bessie Mounts, his wife, as
Grantors, to Victor C. Besing, by Mineral
Deed dated July 7th., 1944, recorded in
Deed Record 120, page 17, Office of said
Recorder;
(c) An undivided one-thirty-second
(1/32) interest in and to all of the oil, gas
and other minerals, conveyed by John T.
Mounts and Bessie Mounts, his wife, as
Grantors, to Electra Fields, as Grantee,
by mineral deed dated July , 1944,
recorded in Deed Record 120, page 46,
office of said Recorders;
and SUBJECT to existing rights-of-way and easements; and
remains, to this date, in possession and ownership of said real
estate by virtue of said deed.
2. The defendants, TEXACO, INC., ROBERT BRASEL-
TON, ELECTRA FIELDS, CHARLES BRASELTON, CHES-
TER BRASELTON, ROBERT E. BRAZELTON, CLIFFORD
M. BRASELTON and OSBORNE T. BRAZELTON, JR., have
5
asserted and are presently asserting a claim of ownership of
undivided mineral interests in plaintiff's land by virtue of the
mineral deeds referred to in numbered paragraph | above, the
exact nature and extent of which interests in unknown to this
plaintiff.
3. The defendants, D. W. MAYHEW, d/b/a MAYHEW
OIL AND GAS DEVELOPMENTS, and DeBEERS DIAMOND
INVESTMENT, LTD., are claiming and asserting leasehold
interests in the oil and gas underlying plaintiff's real estate by
virtue of one or more oil and gas leases taken and obtained
from one or more of the other defendants.
4. The mineral interests evidenced by the mineral deeds
referred to in numbered paragraph | above were not used
within the meaning of I.C. 32-5-11-3 for a period of more than
twenty (20) years prior to April 28, 1977, and for a period of
twenty (20) years prior to September 2, 1971, the effective
date of Public Law 423 of the Acts of the Indiana General
Assembly of 1971.
5. None of the defendants, within the time provided
by said Public Law 423 (1.C. 32-5-11-4), filed a statement
of claim with regard to their mineral interests and non has
done so to this date.
6. This plaintiff gave notice to the defendants, TEXACO,
INC., ROBERT BRASELTON, ELECTRA FIELDS, CHARLES
BRASELTON, CHESTER BRASELTON, ROBERT E. BRA-
ZELTON, CLIFFORD M. BRASELTON and OSBORNE T.
BRAZELTON, JR., of the lapse of their mineral interest under
Public Law 423 of 1971 in accordance with I.C. 32-5-11-6,
on April 28, 1977, and recorded a proof of service thereof in
the Gibson County Dormant Mineral Interest Record in accor-
dance with I.C. 32-5-11-7. Dr. 2, Card 9226, within 10 days
thereafter.
7. Defendants are threatening to engage in oil and gas
development on plaintiff's land without plaintiff's permission
or consent under the claim and contention that they hold and
are entitled to develop valid undivided mineral interests in
plaintiff's lands. Plaintiff contends that said undivided mineral
interests have been extinguished or lapsed under the provisions
of Public Law 423 of the Acts of the Indiana General Assembly
of 1971.
8. A controversy exists between the parties concerning
the construction, validity and effect of Public Law 423 of
the Acts of the Indiana General Assembly of 1971, which con-
troversy is real and no other adequate or appropriate remedy
exists.
WHEREFORE, plaintiff prays that the Court declare the
rights, status and other legal relations between the plaintiff and
defendants with respect to plaintiff's land and the effect of
Public Law 423 on defendants’ alleged mineral interests therein,
and declare said mineral interests, and each of them, perma-
nently and absolutely lapsed and extinguished, and further
declare that plaintiff has succeeded to said interests as the
present owner of the interest out of which said mineral interests
were carved, for her costs, and for all other proper relief.
S/Louise F. Short
Louise F. Short
HALL, PARTENHEIMER & LUECKING
By S/Verner P. Partenheimer, Jr.
Verner P. Partenheimer, Jr.
P. O. Box 313, 219 N. Hart St.
Princeton, IN 47670
Tel. (812) 385-5831
ATTORNEYS FOR PLAINTIFF
I hereby affirm under the penalty for perjury that I have
read the above and foregoing complaint for declaratory judg-
ment and that the allegations thereof are true.
S/Louise F. Short
Louise F. Short
Paragraph One
ANSWER TO COUNT VIII
CROSS-COMPLAINT FOR DECLARATORY JUDGMENT
. (Omitting Captions and Signatures)
The plaintiff in the above entitled cause for her answer
to defendants’ “Count VIII. Cross-Complaint for Declaratory
Judgment”, says:
Plaintiff denies the allegations of rhetorical paragraphs
1, 2, 3, 4, 5 and 6 of Count VIII, and admits that a controversy
exists between the parties concerning the construction, validity
and effect of Public Law 423, 1971 Act, which controversy
is real and no other adequate or appropriate remedy exists
for the determination thereof:
WHEREFORE, plaintiff prays that the defendants take —
nothing by virtue of Count VIII.
Paragraph Two
PLAINTIFF'S FIRST ANSWER TO COUNT IX
COUNTER-CLAIM TO QUIET TITLE
Plaintiff, for her first answer to defendants’ Count IX,
Counter-Claim to Quiet Title, says that said counter-claim
fails to state a claim upon which relief can be granted.
WHEREFORE, plaintiff prays that the defendants take
nothing by virtue of Count IX. .
Paragraph Three
PLAINTIFF'S SECOND ANSWER TO COUNT IX
COUNTER -CLAIM TO QUIET TITLE
Plaintiff, for her second answer to defendants’ Count
IX, Counterclaim to Quiet Title, says that she denies the
.
material allegations of rhetorical paragraphs 1, 2, 3, 4 and 6
of said Count [X and admits the allegations of rhetorical para-
graph 5 so far as said paragraph alleges that the plaintiff claims
to own the mineral interest described in said Count IX, but
denies the same insofar as said paragraph alleges that plaintiff's
claim is without right and unfounded.
WHEREFORE, plaintiff prays that defendants take
nothing by virtue of Count IX.
HALL, PARTENHEIMER & LUECKING
' PROOF OF SERVICE
The undersigned certifies that a copy
of the foregoing instrument was
' gerved upon the attorneys of record
of all parties to the above cause by
enclosing the same in an envelope
addressed to such attorneys at their
business address as disclosed by the
pleadings of record herein, with
postage fully prepaid, and by deposit-
ing said envelope in a U.S. Post Office
mail box in Princeton, Indiana, on
the day of ,19
ANSWER OF DEFENDANTS
COUNT I.
The defendants for Answer to plaintiff's complaint say:
1. They are without information as to rhetorical para-
graph | of plaintiff's complaint.
2. They admit the allegations contained in rhetorical
paragraph 2 of plaintiff’s complaint.
3. They admit the allegations contained in rhetorical
paragraph 3 of plaintiff's complaint, except that the interest
of DeBeer’s Diamond Investment, Ltd. has now been fully
assigned and conveyed to the defendant, D. W. Mayhew d/b/a
9
Mayhew Oil and Gas Development as shown by Instrument
No. 59314, recorded in Drawer No. 2, Card 9496 in the office
of the Recorder of Gibson County, Indiana.
4. The defendants deny the allegations contained in
rhetorical paragraph 4 of plaintiffs complaint.
5. The defendants deny the allegations contained in
rhetorical paragraph 5 of plaintiff's complaint.
6. The defendants deny the allegations contained in
rhetorical paragraph 6 of plaintiff's complaint.
7. The defendants admit the first sentence of rhetorical
paragraph 7 of plaintiff's complaint and deny the remainder
thereof. Such defendants specifically deny that their mineral
interests have been extinguished or lapsed.
8. The defendants admit the allegations contained in
rhetorical paragraph 8 of plaintiff's complaint.
WHEREFORE, the defendants pray that plaintiff take
nothing by her complaint and that the defendants go free with
their costs.
JOHNSON, CARROLL and GRIFFITH
COUNT Il.
Plaintiff's complaint fails to state a claim upon which
relief can be granted.
JOHNSON, CARROLL and GRIFFITH
COUNT Il.
Plaintiff has failed to join parties needed for just ad-
judication in that John Brazelton and Rosa G. Burkhart, heirs-
atldaw of Electra Fields (now deceased), were not made parties
hereto.
JOHNSON, CARROLL and GRIFFITH
10
COUNT IV.
The defendants, Texaco, Inc., Osborne T. Brazelton,
Jr.. Robert Brazelton, Charles Brazelton, Chester Brazelton,
Clifford Brazelton, John P. Brazelton, David Burkhart and
Rosa G. Burkhart filed their Statement of Claim of Mineral
Interests, which Statement of Claim of Mineral Interest was
recorded June 17, 1977 as Instrument No. 59013 in Drawer
No. 2, Card No. 9433 in the office of the Recorder of Gibson
County, Indiana.
JOHNSON, CARROLL and GRIFFITH
COUNT V.
ihe defendants herein filed their Statement of Claim
within two (2) years of the effective date of Indiana Code
32-5-11-1 et seq.
JOHNSON, CARROLL and GRIFFITH
COUNT VI.
Public Law 423 of the Acts of the Indiana General
Assembly and Indiana Code 32-5-11 are unconstitutional and
void generally and specifically as to these defendants in that
such purported legislation is coatrary to the following sections
of the Constitution of the State of Indiana, to-wit:
(a) Article I, Section 21 providing:
“No man’s property shall be taken by law
without just compensation”
(b) Article I, Section 23 providing:
(c)
(d)
Public Law 423 of the Acts of the Indiana General
Assembly of 1971 and Indiana Code 32-5-11 are unconstitu-
tional and in violation of the Constitution of the United States
“The General Assembly shall not grant to
any citizen or class of citizens privileges and
immunities which, upon the same terms,
shall not equally belong to all citizens”
Article I, Section 24 providing:
“No ex post facto law, or law impairing the
obligation of contracts, shall ever be passed.”
Article I, Section 25 providing:
“No law shall be passed, taking effect of
which shall be made to depend upon any
authority, except as provided in this Con-
stitution.”
JOHNSON, CARROLL and GRIFFITH
COUNT VII.
in the following particulars:
(a)
(b)
As to the Fifth Amendment to the Constitu-
tion of the United States reading:
“No person shall be . . . deprived of life,
liberty or property without due process of
law; nor shall private property be taken for
public use, without just compensation.”
Section | of the Fourteenth Amendment to
the Constitution of the United States pro-
viding:
12
“No State shall make or enforce any law
which shall abridge the privileges or immuni-
ties of citizens of the United States; nor shall
any State deprive anv person of life, liberty
or property, without due process of law; nor
deny to any person within its jurisdiction
equal protection © f the laws”
JOHNSON, CARROLL and GRIFFITH
COUNT VIII.
CROSS -COMPLAINT FOR DECLARATORY JUDGMGMENT
The defendants for their Cross-Complaint seek declara-
tory judgment relating to the construction, validity and effect
of Public Law 423 of the Acts of the Indiana General Assembly
of 1971 and Indiana Code 32-5-11.
The defendants claim such legislative acts are uncon-
stitutional in the following particulars:
1. Article I, Section 21 of the Constitution of
the State of Indiana providing:
(a) “No man’s property shall be taken by
law without just compensation;”
2. Article I, Section 23 of the Constitution of
the State of Indiana providing:
(a) “The General Assembly shall not grant
to any citizen or class of citizens privi-
leges and immunities which, upon the
same terms, shall not equally belong to
all citizens”
13
3. Article I, Section 24 of the Constitution of
the State of Indiana providing:
(a) “No ex post facto law, or law impairing
the obligation of contracts, shall ever be
passed.”
4. Article I, Section 25 of the Constitution of
the State of Indiana providing:
(a) “No law shall be passed, taking effect
of which shall be made to depend upon
any authority, except as provided in
this Constitution.”
5. As to the Fifth Amendment of the Constitu-
tion of the United States reading:
' (a) “No person shall be . . . deprived of
life, liberty or property without due
process of law: nor shall private prop-
erty be taken for public use, without
just compensation.”
6. As to the Fourteenth Amendment to the
Constitution of the United States reading:
“No State shall make or enforce any law
which shall abridge the privileges or immuni-
tics of citizens of the United States; nor shall
any State deprive any person of life, liberty
or property, without due process of law; nor
deny to any person within its jurisdiction
equal protection of the laws”
A controversy exists between the parties concerning
the construction, validity and effect of such Acts as shown by
14
plaintiff's complaint, which controversy is real and no other
adequate or appropriate remedy exists for the determination
thereof.
WHEREFORE, defendants pray the Court that this
Court declare the rights, status and other legal obligations
between the plaintiff and the defendants with respect to the
interest of the defendants in and to real estate described in
plaintiff's complaint and the fact that, Public Law 423 of
the Acts of the Indiana General Assembly of 1971 and of
Indiana Code 32-5-11 are unconstitutional, and declare that the
interest of the defendants have not been abrogated, abolished,
lapsed or extinguished by virtue of such laws.
JOHNSON, CARROLL and GRIFFITH
COUNT IX.
COUNTER-CLAIM TO QUIET TITLE
The defendants show to the Court as follows:
1. The defendants Charles Brazelton, Chester Brazel-
ton, Robert E. Brazelton, Clifford M. Brazelton, Osborne T.
Brazelton, Jr., John Brazelton and Rosa G. Burkhart, together
with Texaco, Inc. are the owners collectively of an undivided
23/32’s fee simple interest in and to all oil, gas and other
minerals except coal upon and under the following described
real estate situated in Gibson County, State of Indiana, to-wit:
The east half of the southwest quarter of Section
twenty-nine (29), Township two (2) south, Range
eleven (11) west, containing eighty (80) acres,
more or less;
ALSO, a part of the west half of the southwest
quarter of Section twenty-nine (29), Township
two (2) south, Range eleven (11) west, and more
particularly described as follows:
15
Beginning at the northeast corner of said half
quarter section and running thence south one
hundred four (104) rods; thence west to the west
f
the place of beginning, and containing fifty-two
(52) acres, more or less, and
containing in all one hundred thirty-two (132)
acres, more or less; SUBJECT TO THE FOLLOW-
ING:
The rights of the Defendants and their suc-
cessors and assigns, arising under the following
Mineral Deeds, granted by the then fee simple
title holders;
(a) An undivided one-half interest in and to
all of the oil, gas and other minerals, EX-
CEPT COAL, conveyed by John T. Mounts
and Bessie Mounts, husband and wife, as
Grantors, to Bur-Kan Petroleum Company,
as Grantee, by mineral deed dated April 9,
1942, recorded in Deed Record 115, page
197, office of the Recorder of Gibson Coun-
ty, Indiana
(b) An undivided three-sixteenth (3/16)
interest in and to all of the oil, gas and other
minerals, conveyed by John T. Mounts and
Bessie Mounts, his wife, as Grantors, to
Victor C. Besing, by Mineral Deed dated
July 7th, 1944, recorded in Deed Record
120, page 17, Office of said Recorder; :
(c) An undivided one-thirty-second (1/32)
interest in and to all of the oil, gas and other
minerals, conveyed by John T. Mounts and
16
Bessie Mounts, his wife, as Grantors, to
Electra Fields, as Grantee, by mineral deed
dated July , 1944, recorded in Deed
Record 120, page 46, office of said Recorder;
and SUBJECT to existing rights-of-way and easements;
2. Texaco, Inc. owns a 16/32 mineral interest therein,
Osborne T. Brazelton, Jr. owns a 2/32 mineral interest therein,
Robert E. Brazelton owns a 4/32 mineral interest therein,
and Robert E. Brazelton, Charles Brazelton, Chester Brazelton,
Clifford Brazelton, Osborne T. Brazelton, Jr., John Brazelton
and Rosa G. Burkhart, being heirs-atdaw of Electra Fields,
deceased, own a 1/32 undivided mineral interest therein.
3. The defendant, D. W. Mayhew d/b/a Mayhew Oil and
Gas Developments is the owner of valid oil and gas leases from
the aforementioned defendants, which leases are recorded as
follows:
(a) Instrument No. 57573 in Drawer No. 2, Card
9074 on April 15, 1977, Office of Recorder
of Gibson County, Indiana, from O. T. Brazel-
ton, Jr. and Jane L. Brazelton, his wife;
(b) Instrument No. 57572 in Drawer No. 2, Card
9073 on April 15, 1977, Office of Recorder
of Gibson County, Indiana, from Clifford M.
Brazelton and Ellen Brazelton, his wife;
(c) Instrument No. 57570 in Drawer No. 2, Card
9071 on April 15, 1977, Office of Recorder
of Gibson County, Indiana, from Charles
Brazelton and Marjorie Brazelton, his wife;
and Chester Braselton and Roselyn Braselton,
his wife;
(d) Instrument No. 57571 in Drawer No. 2, Card
9072 on April 15, 1977, Office of Recorder
17
of Gibson County, Indiana, from Robert E.
Brazelton and Marcia J. Brazelton, his wife;
(ce) Instrument No. 58788 in Drawer No. 2, Card
9370 on June 9, 1977, Office of Recorder of
Gibson County, Indiana, from John P. Brasel-
ton and Jane E. Braselton, his wife;
(f) Instrument No. 57879 in Drawer No. 2, Card
9155 on April 29, 1977, Office of Recorder
of Gibson County, Indiana, from Texaco,
Inc., a corporation.
4. The plaintiff purchased said real estate with full
knowledge of the interests of the defendants herein and subject
to such interests.
5. The plaintiff claims such mineral rights as are owned
and leased by the defendants and denies the validity of defen-
dants interest therein, which claim and denial is without right
6. The title of the defendants in and to such mineral
rights and leases should be quieted.
WHEREFORE, defendants pray for judgment quieting
title of the defendants in and to the mineral rights and mineral
leases owned by the defendants as above set forth of and from
the plaintiff and for all other just and proper relief.
JOHNSON, CARROLL and GRIFFITH
CERTIFICATE
This is to certify that I served a copy of this pleading or paper
personally or by mail upon each attorney or firm of attorneys
appearing of record for each adverse party on or before the
filing date thereof.
Dated this 21st day of July 1977
JOHNSON, CARROLL & GRIFFITH
By S/John L. Carroll
18
STIPULATION OF FACTS
(Omitting Captions and Signatures)
It is stipulated by and between the parties hereto that
for purposes of the within cause, the following facts shall be
accepted as true without the necessity of supporting proof
thereon:
1. On April 19, 1942, and prior thereto, John T. Mounts
and Bessie Mounts were the owners of the following described
real estate in Gibson County, State of Indiana, to-wit:
The East half of the Southwest Quarter of Section
29, Township 2 South, Range 11 West containing
80 acres, more or less.
ALSO, a part of the West half of the Southwest
Quarter of Section 29, Township 2 South, Range 11
West, and more particularly described as follows:
Beginning at the northeast corner of said half
quarter section and running thence south 104
rods, thence west of the west line of said half
quarter section; thence north to the northwest
corner thereof; thence east to the place of begin-
ning, and containing 52 acres, more or less, and
Containing in all 132 acres, more or less.
(hereinafter referred to as the “‘Real Estate”’.)
19
2. On or about April 9, 1942, John T. Mounts and Bessie
Mounts, being the then owners of the Real Estate, executed
and delivered a Mineral Deed to Bur-Kan Petroleum Company
of Tulsa, Oklahoma conveying
“an undivided One half, (4) interest in and to all
of the oil, gas and other minerals except coal in
and under and that may be produced from” the
Real Estate, “together with the right of ingress
“This sale is made subject to all rights now
existing to any lessee or assigns under valid and
subsisting oil and gas lease of record heretofore
executed; being understood and agreed that said
Grantee shall have, receive and enjoy the herein
granted undivided interest in and to all bonuses,
rents, royalties and other benefits which may
accrue thereunder from and after the date here-
of, precisely as if the Grantee herein had been
at the date of the making of said lease the owner
20
wise agrees that Grantee shall have the right at any
time to redeem for said Grantor by payment,
any mortgage taxes or other liens on the above
described land, upon default in payment by
Grantor and be subrogated to the rights of the
holder thereof.
“TO HAVE AND TO HOLD the above de-
scribed property and easements with all and
singular the rights, privileges and appurtenances
thereunto and in anywise belonging to said Grantee
herein, his heirs, successors and assigns forever,
the Grantors do hereby bind themselves, heirs,
successors, administrators, successors and assigns
to warrant and forever defend all and singular
the said property unto the said Grantee herein his
heirs, successors and assigns against every person
whomsoever lawfully claiming or to claim the
same, or any part thereof.
“And the undersigned grantors, for them-
selves and their heirs, successors, and assigns
hereby waive and release all right of dower and
homestead in the premises described herein, inso-
far as said right of dower and homestead may in
any way effect the purpose for which this instru-
ment is made, as recited herein.”
Which Mineral Deed was recorded April 23, 1942 in Deed
Record Book 115, at page 197 in the office of the Recorder
of Gibson County, Indiana.
3. On or about July 7, 1944, John T. Mounts and Bessie
Mounts, being the then owners of the Real Estate executed and
delivered a Mineral Deed to Victor C. Besing conveying “an
undivided 3/16 interest in and to all of the oil, gas and other
minerals in and under that may be produced from” the Real
Estate. Such Mineral Deed used the same language of con-
is
21
in Deed Record Book 120, at page 17, in the office of the
Recorder of Gibson County, Indiana.
4. On or about the day of July, 1944, John
T. Mounts and Bessie Mounts, being the then owners of the
Real Estate executed and delivered a Mineral Deed to Electra
Fields, conveying an undivided 1/32 interest in and to all of
the oil, gas and other minerals in and under that may be pro-
duced from the Real Estate. Such Mineral Deed used the same
language of conveyance as is set forth in the quoted portion
of paragraph 2 hereof, and which Mineral Deed was recorded
July 17, 1944 in Deed Record Book 120, at page 46 in the
office of the Recorder of Gibson County, Indiana.
5. On April 20, 1942, Bur-Kan Petroleum conveyed by
Mineral Deed its undivided % interest in the Real Estate as set
forth in paragraph 2 above to the Texas Company of Tulsa,
Oklahoma, which conveyance was recorded August 19, 1942
in, Deed Record Book 115, at page 502 in the office of the
Recorder of Gibson County, Indiana.
6. On July 7, 1944, Victor C. Besing and wife conveyed
by two Mineral Deeds an undivided 2/16 interest in and to
all of the oil, gas and other minerals from the Real Estate to
O. T. and Laura I. Brazelton, both Mineral Deeds dated July
7, 1944, and recorded July 17, 1944 in Deed Record Book 120,
at page 47, and Deed Record Book 120, at page 49, in the
office of the Recorder of Gibson County, Indiana.
7. On July 7, 1944, Victor C. Besing and wife conveyed
by Mineral Deed an undivided 1/16 interest in and to all of the
oil, gas and other minerals from the Real Estate to Robert
E. Brazelton by Mineral Deed dated July 7, 1944 and recorded
July 17, 1944 in Deed Record 120, page 50 in the office of
the Recorder of Gibson County, Indiana.
8. On October 29, 1974, the plaintiff became the grantee
in a certain Executor’s Deed dated October 29, 1974 and
recorded October 29, 1974 in Deed Drawer #2, Card No. 8844
in the office of the Recorder of Gibson County, Indiana, which
Executor’s Deed, (omitting the formal parts) reads as follows:
“THIS INDENTURE WITNESSETH, That PAUL
MOUNTS, as Executor of the Estate of BESSIE
page records in the office
of the Clerk of said Court, for and in consideration
of the sum of SIXTY THOUSAND DOLLARS
($60,000.00), CONVEYS to LOUISE F. SHORT,
i
:
=
i
E
e
g
E
i
(a) An undivided one-half interest in and to
all of the oil, gas and other minerals, EXCEPT
COAL, conveyed by John T. Mounts and
23
Bessie Mounts, husband and wife, as Grantors,
to Bur-Kan Petroleum Company, as Grantee, by
mineral deed dated April 9, 1942, recorded in
Deed Record 115, page 197, office of the
Recorder of Gibson County, Indiana.
(b) An undivided three sixteenths (3/16)
interest in and to all of the oil, gas and other
minerals, conveyed by John T. Mounts and
Bessie Mounts, his wife, as Grantors, to Victor
C. Besing, by Mineral Deed dated July 7, 1944,
recorded in Deed Record 120, page 17, office
of said Recorder;
(c) An undivided one-thirty-second (1/32)
interest in and to all of the oil, gas and other
minerals, conveyed by John T. Mounts and
Bessie Mounts, his wife, as Grantors, to Electra
Fields, as Grantee, by mineral deed dated
July , 1944, recorded in Deed Record
120, page 46, office of said Recorder;
and SUBJECT to existing rights-of-way and easements.”
9. By virtue of such Executor’s Deed the plaintiff be-
came the successor in interest to the rights of John T. Mounts
and Bessie Mounts.
10. The defendants below are the successors in interest
in and to the Mineral Deeds referred to in paragraphs 2, 3 and
4 above:
a. Texac. ,Inc.- (successor in interest to the mineral
interest conveyed to Bur-Kan Petro-
leum Company in paragraph 2 above)
- an undivided one-half (4) interest
b. O.T. Brazelton, Jr.
and Robert E. Brazelton - (successor in interest to
part of the mineral interest
conveyed to Victor C.
Besing in paragraph 3
above) - an undivided one-
sixteenth (1/16) interest
John P. Braselton
thirty-second (1/32) interest
d. Robert Braselton - (successor in interest to part
of the mineral interest conveyed
to Victor C. Besing in paragraph
3 above) - an undivided two-
sixteenths (2/16) interest
11. The defendant D. W. Mayhew d/b/a Mayhew Oil and
Gas Development is the Lessee of oil and gas leases from the
defendants set forth in paragraph 10 hereof, the date of such
leases and the recording thereof are as follows:
a. Grantor-Texaco, Inc., dated March 11, 1977, re-
c.
corded April 29, 1977, in Drawer 2, Card 9155,
in the office of the Recorder of Gibson County,
Indiana;
Grantor-John P. Braselton and Jane E. Braselton,
his wife, dated March 10, 1977, recorded June 9,
1977, in Drawer 2, Card 9370, in the office of the
Recorder of Gibson County, Indiana
Grantor-Charies Braselton et ux and Chester Brasel-
ton et ux, dated November 18, 1976, recorded April
2s
15, 1977, in Drawer 2, Card 9071, in the office of
the Recorder of Gibson County, Indiana;
d. Grantor-Robert E. Brazelton et ux, dated November
15, 1976, recorded April 15, 1977, in Drawer 2,
Card 9072, in the office of the Recorder of Gibson
County, Indiana;
e. Grantor-Clifford Braselton and Ellen Braselton, datec!
November 20, 1976, recorded April 15, 1977, in
Drawer 2, Card 9073, in the office of the Recorder
of Gibson County, Indiana;
f. Grantor-O. T. Brazelton (a/k/a O. T. Brazelton, Jr.)
et ux, dated November 22, 1976, recorded April
15, 1977, in Drawer 2, Card 9074, in the office of
the Recorder of Gibson County, Indiana.
12. The defendant DeBeers Diamond Investment, Ltd.
has no interest in the property or subject of the within liti-
gation, by reason of having assigned all of its right, title and
interest in the leasehold estate to the defendant D. W. Mayhew
d/b/a Mayhew Oil and Gas Development by instrument dated
June 20, 1977, recorded June 30, 1977, in Drawer 2, Card
9496, in the office of the Recorder of Gibson County, Indiana.
13. On April 28, 1977, the plaintiff gave notice by
publication in the Star-Echo, a weekly newspaper authorized
to publish legal notices and published at Owensville, Indiana,
a Notice of Lapse of Mineral Interest, naming therein as record
owners of said interest the following:
Texaco, Inc.
Robert Braselton
Electra Fields
Charles Braselton
Chester Braselton
Robert E. Brazelton
Clifford M. Braselton
Osborn T. Brazelton, Jr.
26
Said persons were all the persons whose names were shown of
record in the Recorder’s Office of Gibson County, Indiana,
on April 28, 1977, except O. T. Brazelton and Laura I. Brazel-
ton, both of whom were deceased and whose successors in
interest were O. T. Brazelton, Jr., (sometimes called Osborn
T. Brazelton, Jr.), and Robert E. Brazelton. On said date, the
Probate Order Book 69, page 609, in the Gibson Circuit Clerk’s
Office disclosed a final order in the Estate of Florence Electra
Fields, a true copy of which is attached hereto as “EXHIBIT
C”. This order was not recorded in the Recorder’s Office and
no other public records in Gibson County, Indiana, showed
any evidence of the ownership of the interests in question.
14. On May 6, 1977, plaintiff sent copies of said Notice
of Lapse of Mineral Interest to the above named persons by
regular United States mail.
15. A copy of such Notice of Lapse of Mineral Interest,
published and mailed as set out in paragraphs 13 and 14, is
attached hereto, made a part hereof, and marked “EXHIBIT
A”. Said notice, together with a publisher’s affidavit and an
affidavit of service by mailing, was recorded in the office of
the Recorder of Gibson County, Indiana, on May 10, 1977.
16. On June 17, 1977, the defendants referred to in
paragraph 10 above, filed Statement of Claim of Mineral In-
terest, which Statement of Claim of Mineral Interest was
recorded June 17, 1977, in Drawer Number 2, Card 9433, in
the office of the Recorder of Gibson County, Indiana, a copy
of which is attached hereto, made a part hereof, and marked
“EXHIBIT B”.
17. On or about April 29, 1977, Gwendolyn Burkhart,
John P. Braselton and Chester P. Braselton conveyed by quit-
claim deed all of their interests in the real estate to David E.
Burkhart. This deed was recorded June 7, 1977, in Deed Dr. 2,
Card 1891, office of the Recorder of Gibson County, Indiana
and a true copy thereof is attached hereto as “EXHIBIT D”.
On June 9, 1977, David E. Burkhart filed a Statement of
Claim to Prevent Lapse of Mineral Interests, dated June 8,
1977, a true copy of which is attached hereto as “EXHIBIT
E”. This statement was recorded in Dr. 2, Card 9366, office
of the Recorder of Gibson County, Indiana
27
18. The records in the office of the Recorder of Gibson
County, Indiana, disclose the following oil and gas leases
affecting the real estate, none of which ever resulted in the
commencement of any drilling operations and which were given
prior to the oil and gas leases referred to in paragraph 11
of this stipulation:
(a) Dated 7-7-50, from John T. Mounts and Bessie
Mounts, husband and wife; O. T. Brazelton and
Laura I. Brazelton, husband and wife; Electra
Fields, widow; Robert E. Brazelton and Marcia J.
Brazelton, his wife, as lessors, to Joseph J. Shul-
man, Jake Shulman, Isadore Shulman and Maurice
R. Shulman, co-partners d/b/a Shulman Brothers,
as lessee, for a term of one year and as long there-
after as oil or gas is produced. Misc. Rec. 83, page
547;
(b) Dated 7-13-51, from John T. Mounts and
Bessi¢é Mounts, his wife; O. T. Brazelton and Laura
I. Brazelton, his wife; Electra Fields, widow;
Robert E. Brazelton and Marcia J. Brazelton,
his wife, as lessors, to Jack S. Lewis, as lessee, for
a term of one year and as long thereafter as oil
or gas is produced. Misc. Rec. 91, page 31;
(c) Dated 5-23-57, from Bessie Mounts, a widow;
O. T. Brazelton and Laura I. Brazelton, husband
and wife; Electra Fields, widow; Robert E. Brazel-
ton and Marcia J. Brazelton, husband and wife,
as lessors, to J. E. Kendall, as lessee, for a term
of one year and as long thereafter as oil or gas
is produced. Misc. Rec. 125, page 67;
(d) Dated 9-9-46, from John T. Mounts and
Bessie Mounts, his wife, as lessors, to The Texas
Company, as lessee, for a term of five years and
as long thereafter as oil or gas is produced. Misc.
Rec. 62, page 325;
28
(c) Dated 5-27-49, from John Mounts and Bessie
Mounts, his wife, as lessors, to A. B. Taylor, as
lessec, for a term of one year and as long there-
after as oil or gas is produced. Misc. Rec. 75, page
486;
(f) Dated 9-26-58, from Bessie Mounts, a widow;
O. T. Brazelton and Laura I. Brazelton, his wife;
Electra Fields, a widow; Robert E. Brazelton and
Marcia J. Brazelton, his wife, as lessors, to Mayhew
Oil Company, Inc., as lessor, for a term of one
year and as long thereafter as oil or gas is pro-
duced. Misc. Rec. 132, page 421.
Unless the issuance, delivery and recording of the above oil
and gas leases constitute such use, the mineral interest of the
defendants in the real estate were not used within the meaning
of IC 32-5-11-1 and IC 32-5-11-3 for the 20-year period imme-
diately preceding September 2, 1971, or for the 2-year period
commencing on said date.
19. At no time during the period September 2, 1971,
to September 3, 1973, were the defendants, or any of them,
the owners of ten (10) or more mineral interests as defined
in IC 32-5-1 1-2 in Gibson County, Indiana.
20. John P. Braselton, David E. Burkhart and Rosa G.
Burkhart have appeared by counsel, waived service of process
and filed pleadings, and this Court has jurisdiction of the said
John P. Braselton, David E. Burkhart and Rosa G. Burkhart.
as well as of all other parties in interest.
21. Defendants desire to engage in oil and gas develop-
ment on the real estate without plaintiff's permission or con-
sent, and plaintiff desires to engage in oil and gas development
on said real estate to the exclusion of the defendants, and a
controversy exists between the plaintiff and the defendants
concerning the construction, validity and effect of Public Law
423 of the Acts of the Indiana General Assembly of 1971,
which controversy is real and substantial.
22. The plaintiff, Louise F. Short. is now and has been
at all times since October 29, 1974, the owner of the land
29
described in paragraph 8 above, except approximately 2-1/4
acres conveyed to James and Mary Boyles by warranty deed,
dated March 27, 1976, recorded in Deed Dr. 2, Card 11302,
office of the Recorder of Gibson County, Indiana.
23. This stipulation shall constitute all of the evidence
in this cause.
JOHNSON, CARROLL AND GRIFFITH
ATTORNEYS FOR DEFENDANTS
TEXACO, INC., ROBERT BRASEL-
TON, CHARLES BRASELTON, ROB-
ERT E. BRAZELTON, CLIFFORD
M. BRASELTON, OSBORNE T.
BRAZELTON, JR., D. W. MAYHEW,
d/b/a MAYHEW OIL AND GAS
DEVELOPMENTS, and DeBEERS
DIAMOND INVESTMENT, LTD.
FINE, HATFIELD, SPARRENBERGER & FINE
ATTORNEYS FOR JOHN P. BRA-
SELTON, ROSA G. BURKHART,
CHESTER BRASELTON and DAVID
E. BURKHART
HALL, PARTENHEIMER & LUECKING
ATTORNEYS FOR PLAINTIFF
PUBLISHER'S AFFIDAVIT
State of Indiana, County of Gibson, ss:
On this 30th day of April, 1977, personally appeared
Phyllis A. Armstrong, publisher of the Star-Echo, a weekly
newspaper published at Owensville, Ind., who, being swom,
states that the notice, a true copy of which is attached, was
published one successive times in said paper, the first publi-
cauon being on 4/26/77.
S/ Phyllis Armstrong
Phyllis Armstrong, Publisher
Subscribed and sworn to before me, this 30th day of
April, 1977.
S/ Eugenia Ruth Robinson
Notary Public
My Commission expired July 13, 1979
RECORDED THIS 10 DAY OF MAY, 1977 AT 11:00 A.M.
S/ Don L. Lutz
Recorder Gibson County, Indiana
31,
NOTICE OF LAPSE
OF MINERAL INTEREST
Notice is hereby given to the following record owners
thereof, to-wit: Texaco, Inc., Robert Braselton, Electra Fields,
Charlies Braselton, Chester Braselton, Robert E. Braselton,
Clifford M. Braselton, and O. T. Braselton, Jr., tha! they are
claimants or record owners of the mineral interests evidenced
by the following mineral deeds recorded in the office of the
Recorder of Gibson County, Indiana, to-wit:
(1) undivided \ interest in and to all of the oil, gas and
other minerals except coal in and under the same, conveyed
by John T. Mounts and Bessie Mounts, husband and wife, to
Bur-Kan Petroleum Company, by Mineral Deed dated April
9, 1942, recorded in Deed Rec. 115, page 197;
(2) undivided 3/16 interest in and to all of the oil, gas
1944, recorded in Deed Rec. 120, page 46;
In and to the following land in Gibson County, Indiana,
to-wit: The East half of the southwest quarter of Section 29,
Notice i» further given that said mineral interests have
lapsed through non-use and the undersigned has succeeded to
32
the ownership of such interests under the provisions of Indiana
Code 32-5-11-1-8.
DATED this 20th day of April, 1977.
Louise F. Short
STATEMENT OF CLAIM OF MINERAL INTEREST
The undersigned hereby files its Statement of Claim of
Mineral Interest:
1. Texaco, Inc. 1A. An undivided one-
P. O. Box 2420 half (1/2) interest in
Tulsa, Oklahoma 74102 and to all oil, gas
3 and all other min-
2. Description of the land on erals, except coal.
or under which such mineral interest is located:
The East Half of the Southwest Quarter; also part
of the West half of the southwest quarter described
as follows, beginning at the northeast corner of
said half quarter section and running thence south
104 rods; thence west to the west line of said half
quarter section; thence north to the northwest
corner thereof; thence east to place of beginning,
all Sec. 29 T2S, m Shee containing 132 acres,
more or less.
ALSO:
12 acres off the South end of the E-1/2 of the
NW-1/4 of Section 29, and described as follows:
Commencing at the SW corner of said half quarter
section and running thence East to the East line
of said East half quarter section; thence North
24 rods; thence West to the West line of said
half quarter section; thence South to the place
of beginning;
33
also 28 acres, more or less, off the South side of
the W-1/2 of the SW-1/4 of Section 29, excepting
therefrom one-fourth of an acre, more or less,
used as a cemetery;
also 35-1/2 acres off the South side of the W-1/2
of the SE-1/4 of Section 30, described as follows:
Beginning at the SW corner of the SE-1/4 and
thence running North 71 rods; thence East 80
rods, more or less, to the East line of said W-1/2
of the SE-1/4; thence South to the South line of
said SE-1/4 section; thence West to the place of
beginning;
also a strip one rod wide, described as follows:
Beginning at the NE corner of the W-1/2 of the
SE-1/4 of Section 30; thence West one rod; thence
South 89 rods, more or less, to the North line of
the 35-1/2 acre tract of land last above described;
thence East one rod; thence North to the place
of beginning;
also the E-1/2 of the SE-1/4 of Section 30, con-
taining 80 acres, more or less; and,
also two acres, more or less, off the North end of
the NE-1/4 of the NE-1/4 of Section 31, described
as follows: Beginning at the NE corner of said
Section 31 and running thence South four rods
to a stone; thence West 80 rods; thence North 4
rods; thence East on the section line 80 rods,
more or less, to the place of beginning.
All of the above lands lying in Township 2 South,
Range 11 West, Gibson County, Indiana.
DATED this 16th day of June, 1977,
TEXACO, INC.
STATE OF INDIANA )
) SS:
COUNTY OF VANDERBURGH )
Before me, a Notary Public in and for said County and
State, personally appeared JOHN L. CARROLL, as attorney
for Texaco, Inc., who as such attorney is duly authorized by
Texaco, Inc. to execute the above document and verify the
statement of facts therein contained.
WITNESS, my hand and Notarial Seal this 16th day
of June, 1977.
My commission expires: S/Dana L. West
February 3, 1981 Dana L. West Notary Public
JOHNSON, CARROLL AND GRIFFITH
Professional Corporation
2230 West Franklin Street
Evansville, Indiana 47712
Telephone: (812) 425-4466
#27
This instrument prepared by: John L. Carroll of the firm of
Johnson, Carroll and Griffith, Attorneys, Evansville, Indiana.
#27 i
RECORDED THIS 17 DAY OF JUNE, 1977 at 3:17 P.M.
S/Don L. Lutz
Don L. Lutz Recorder Gibson County, Indiana
RECEIVED FOR RECORD
This 17 day of June A.D., 1977 of
Drawer No.2 Don L. Lutz
Card No. 9435 Recorder of Gibson County
35
Administrator.
IN RE: ) FILED
) Feb. 7 1968
Estate of FLORENCE ELECTRA )
FIELDS, Deceased, ) Don L. Lutz
) Clerk Gibson
W. PAUL BRASELTON, ) Circuit Court
)
)
Estate No. PR-67-69
ENTRY
Comes now W. Paul Braselton, as Administrator of the
Estate of Florence Electra Fields, Deceased, and presents to
his duly verified Final Account and Petition (1)
© Settle and Allow Account; (2) To Determine Heirship;
and (3) For A Decree That The Estate Has Been Fully And
Finally Administered, heretofore filed herein January 12,
1968, and endorsed for hearing on February 3, 1968.
The Court, having seen and examined said Account
and Petition and being duly advised in the premises, finds
as follows:
1. No objections were filed to the Final Account and
Petition of the Administrator.
2. Due notice of the filing of said Account and Petition
was given to all interested persons and the same is now prop-
erly before the Court for final actionthereon. _—_ ie
3. More than six (6) months have elapsed since the
date of the first publication of notice to all interested parties
herein. All of the debts and liabilities of the decedent and of
her estate have been paid and discharged. Neither the decedent
nor this Administrator was an employer of labor as that term
is defined in thy Indiana Employment Security Act.
; 4. This Court has entered an order finding that the
estate is not subject to Indiana inheritance tax. The estate
was not subject to federal estate tax.
5. All of the assets of the estate have been administered
and no reason exists why this estate can not be closed at this
time.
36
6. The Administrator is chargeable and claims credits
for expenditures in the administration of said estate and in
distribution as follows:
To Inventory and Appraisement ..... $1,591.38
Receipts During Administration ..... 1,039.35
Total Chargeable ..............05. $2,630.73
EI MOOND cc deidvgicvoccvecdseus 2,630.73
ND ic cid ors Us KCHb 60 Vesied'dee on 0.00
7. Florence Electra Fields was, at the time of her death,
a widow and left surviving her as her sole and only heirs-at-law
her brother, W. Paul Braselton, and the following nieces and
nephews, namely: Gwendolyn Burkhart, Chester P. Braselton
and John Braselton, the children of Chester Braselton, a de-
ceased brother; Charles Braselton and Clifford Braselton, the
children of Clifford Braselton, a deceased brother; and Robert
Brazelton and Osborne T. Brazelton, Jr., the children of Os-
borne T. Brazelton, a deceased brother.
8. The decedent died seized and possessed of an un-
divided one thirty-second (1/32) interest in and to the oil,
gas, casinghead gas and other minerals lying in and under and
that may be produced from the following described real estate,
situate in Gibson County, State of Indiana, to-wit:
Part of the west one-half of the northeast
quarter of Section 30, Township 2 south, Range
11 west, bounded as follows, to-wit: Beginning
at the southeast corner of said half quarter section
and from thence running north 42 chains (two
poles to chain); thence west 27 chains and 21
links; thence south 42 chains; thence east 27
chains and 21 links to the place of beginning,
containing 28.79 acres, more or less, EXCEPTING,
however, 17 acres in a rectangular form off of
the north end of said tract heretofore conveyed
by Flora E. Knight (now the grantor Flora E.
Mosier) to Morton Woods by deed dated Novem-
ber 1, 1918, and recorded in Deed Record 84,
37
at page 369 of the Deed Records of Gibson Coun-
ty, in the State of Indiana;
Also, a part of the northwest quarter of Section
30, in Township 2 south, Range 11 west, bounded
as follows: Beginning at the northeast corner of
said quarter section; thence south to the south-
east corner thereof; thence west 21 chains and 274
links; thence north, 12 degrees west, 39 chains;
thence northeast to the southeast corner of War-
rick Armstrong’s land in said quarter section;
thence north to the north line of said quarter
section; thence east to the place of beginning, con-
taining 54% acres, more or less;
A part of the northwest quarter of Section 30,
Township 2 south, Range 11 west, and bounded
as follows: Beginning at the southwest comer of
said quarter section and running thence east 57
chains and 35 links; thence north, 12 degrees west,
39 chains to Columbus Emmerson’s line; thence
west along his line 49 3/4 chains to the Range
line; thence south 38 chains and 15 links to the
beginning, containing 51.43 acres;
for a term of twenty-five (25) years from and next after Febru-
ary 5, 1944, see Deed Record 119, page 82, records in the
office of the Recorder of said County and State. Certain of
said real estate has been developed for the production of oil
and gas, and The Superior Oil Company, Post Office Box
1521, Houston, Texas, 77001, is purchasing the oil therefrom
under Property No. 13061720, Owners No. 54164. It was
not necessary in the administration of said estate to sell or
dispose of said royalty interest, and the title thereto and the
royalty interest formerly attributable to Florence Electra
Fields, the decedent, is now owned by, and payments therefrom
for the remainder of the term should be made to, the following
persons and in the following proportions:
W. Paul Braselton 1/4
Chester P. Braselton 1/12
Gwendolyn Burkhart 1/12
John Braselton 1/12
Charlies Braselton 1/8
Clifford Braselton 1/8
Robert E. Brazelton 1/8
Osborne T. Brazelton, Jr. 1/8
9. The final account should be settled and allowed and
the prayer of the petition should be granted.
IT IS, THEREFORE, ORDERED, ADJUDGED AND
DECREED BY THE COURT as follows:
1) said account is hereby in all things approved, settled
and confirmed, and the prayer of the petition is granted;
2) the decedent left surviving her as her sole and only
heirs-atlaw, her brother and the niece and nephews named
in numbered paragraph 7 hereinabove;
3) the title in and to the mineral interest of which the
decedent died seized and possessed is now vested in the heirs-
at4aw and in the proportions set forth in numbered paragraph
8 above, and said ‘heirs-at-law are entitled to all royalty pay- -
ments now accrued or hereafter accruing from the mineral
interest formerly owned by the decedent and in the proportions
set forth above;
4) the estate has been fully and finally administered,
and the Administrator and his surety be, and they are hereby,
released and discharged of and from further duties and liability
herein.
REC(D: Prob. O.B. 69, p. 609
39
Reception No. 58737
Recorded this day of A.D. 19 *
o'clock M.
Recorder
QUIT-CLAIM DEED
THIS INDENTURE WITNESSETH
That ROSA G. BURKHART, of Marion County, Indiana, and
JOHN P. BRASELTON, of Vanderburgh County, Indiana,
and CHESTER P. BRASELTON, of Gibson County, and State
of Indiana.
RELEASE AND QUIT-CLAIM
To DAVID E. BURKHART, of Marion County, in the State
of Indiana for the sum of One Dollar ($1.00) and other good
and valuable consideration, receipt .Dollars of which is hereby
acknowledged, the following described REAL ESTATE in
Gibson County, in the State of Indiana, to-wit: All of the
southwest quarter of section 29, township 2 south, range 11
west; except, 28 acres off the south end of the southwest quar-
ter of the southwest quarter of said section, township and
range, containing after said exception 132 acres more or less.
40
IN WITNESS WHEREOF, The said ROSA G. BURKHART,
JOHN P. BRASELTON and CHESTER P. BRASELTON,
Have hereunto set their hands and seals this 29th day of April,
1977.
S/ Rosa G. Burkhart (SEAL)
RosaG. Burkhart | (SEAL)
S/ John P. Braselton (SEAL)
John P. Braselton (SEAL)
S/ Chester P. Braselton (SEAL)
Chester P. Braselton (SEAL)
STATE OF INDIANA, Vanderburgh County, ss.
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared the within named
ROSA G. BURKHART, JOHN P. BRASELTON, and CHES-
TER P. BRASELTON, who acknowledged the execution of
the foregoing Deed to be their voluntary act and deed.
WITNESS my hand and Notarial Seal this 29th day of April,
1977.
My commission expires:
From
“To
Received for Record
This day of A.D. 19 at o'clock
M. and recorded in record pages
Piual Recorder of
County
Recorder's Fee $
Duly Entered for Taxation
19
Auditor
Transfer Fees $2.50
FINE, HATFIELD, SPARRENBERGER & FINE
1600 Old National Bank Building
Evansville, Indiana 47708
42
RECEIVED FOR RECORD
This 7 day of June A.D., 1977 of
10:20 o'clock a.m.
THIS INDENTURE WITNESSETH, that the undersigned,
David E. Burkhart of 41 E. Hanna Avenue, Indianapolis, Indiana
46227, being the owner of an undivided interest in and to all
gas and other minerals under and in certain land
Gibson County, Indiana, does hereby file his State-
t to IC 32-5-11-1 et seq., (formerly
seer iyh ts
Piste
Bes if :
Tet
cHErats
aie
seigeies
cl gfe
HEE
STE iS
i
:
;
fi
the south end of the southwest quarter of the
43
southwest quarter of said section, township and
range, containing after said exception 132 acres
more or less.
Parcel 2
The East half of the southwest quarter of Section
29, township 2 south, range 11 west, containing
80 acres, more or less; EXCEPT approximately ,
2% acres, conveyed to James and Mary Boyles.
(Deed Drawer 2, Card 11302). Also, a part of
the west half of the southwest quarter of Section
29, township 2 south, range 11 west, and more
particularly described as follows: Beginning at
the northeast corner of said half quarter section,
and running thence south 104 rods; thence west
to the west line of said half quarter section; thence
north to the northwest corner thereof; thence
east to the place of beginning, containing 52
acres, more or less.
Said mineral interests are partially derived from certain mineral
deeds recorded in Deed Record 115 page 197, Deed Record
120 page 17 and Deed Record 120 page 46 all in the Office
of the Recorder of Gibson County, Indiana, and also derived
from certain other instrumefts and certain assignments thereof
and other instruments all recorded in the Office of the Recorder
of Gibson County, Indiana which said interests are more partic-
ularly set forth in the aforesaid instruments creating same.
Said mineral interests shall be deemed being used and are being
used on the date this instrument is recorded.
IN WITNESS WHEREOF the said David E. Burkhart,
of Marion County, Indiana, has hereunto set his hand and seal
this 8 day of June, 1977.
S/David E. Burkhart
David E. Burkhart
44
STATE OF INDIANA, County of Marion, 8S.
Before me, the undersigned, a Notary Public in and for
said County and State, personally appeared the within named
DAVID E. BURKHART who acknowledged the execution
of the foregoing instrument to be his voluntary act and deed.
WITNESS my hand and Notarial Seal this 8th day of
June, 1977.
My Commission Expires: S/Theresa R. Evans
Dec. 8, 1977 Notary Public
This instrument was prepared by James E. Marchand, Attorney
RECORDED THIS 9 DAY OF JUNE, 1977 AT 10:15 A.M.
RECEIVED FOR RECORD
This 9 day of June A.D., 1977 at
10:15 o’clock A.M.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.