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Wicklund v. Sundheim

Wicklund v. Sundheim, 2016 MT 62 (March 9, 2016) (Baker, J.; McKinnon, J., dissenting) (4-1, rev’d)

Issue: (1) Whether the district court properly admitted the testimony of an English professor interpreting the language of the warranty deed’s royalty interest reservation; (2) whether the district court erred by resolving the ambiguity in the 1953 warrant deed in favor of Sundheims; and (3) whether the district court improperly applied the doctrine of laches to deny Teisingers’ claim to the 3/5 royalty interest.

Short Answer: (1) No; (2) yes; and (3) yes.

Reversed and remanded for entry of judgment in Teisingers’ favor

Facts: In 1953, Teisingers conveyed several sections of real property to Sundheims by warranty deed, and included language reserving “three-fifths (3/5ths) of Land owners [sic] oil, gas and mineral royalties and three-fifths (3/5ths) of any and all delay rentals on present and existing oil and gas leases now of record against the lands herein described,” subject to “such oil and gas leases” and any assignments of record.…