Filed Date: 3/28/1969
Status: Precedential
Modified Date: 7/6/2016
Oil and Gas Lease — Release — Reinstatement The Commissioners of the Land Office would be authorized to cancel the subject releases and, in effect, reinstate the oil and gas leases if they find and conclude from all the evidence before them that the releases were executed and delivered by reason of inadvertence and mistake. The Attorney General has received your letter and memorandum wherein you relate the following facts: "Four oil and gas leases were acquired by Tenneco Oil Company from the Department and are dated February 8, 1966. The anniversary dates would be each February 8th within the five year primary terms. The first delay rental payments were received by this office on January 10, 1967, and the second delay rental payments were received on January 10, 1968 On January 6, 1969, the Commissioners of the Land Office received releases of the oil and gas leases. Thereafter, on January 20, 1969, the Commissioners of the Land Office received the 1969 delay rentals from Tenneco together with a cover letter stating that the leases were released through error and inadvertently requesting that the leases be reinstated." You enclose a copy of one of the leases in question as Exhibit "A"; a copy of one of the releases in question, denominated Exhibit "B"; a copy of a letter from Barth P. Walker, attorney for Tenneco Oil Company, as Exhibit "C"; and a letter from Mr. Harry C. Victery, Jr., district landman for Tenneco, marked Exhibit "D". In connection with the above stated facts and exhibits, you, in effect, ask the following question: Would the Commissioners of the Land Office be authorized to cancel said releases and, in effect, reinstate the oil and gas leases if they find and conclude from all evidence before them the releases were executed and delivered by reason of inadvertence and mistake. It is true that the execution and delivery of a duly executed release carries with it a strong presumption that it was executed and delivered intentionally and with full knowledge of its contents and legal effect. A "release" is the act or writing by which some claim or interest is surrendered to another person, Standard Auto Insurance Association v. Reese,