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← 101 SW2D 543 - Schlittler v. Smith

Schlittler v. Smith’s Empirical Analysis

1937

Citation profile

89
cited by 89 later decisions
5
states following
June 2018
most recently cited

3 federal appellate · 80 state decisions

How this case has been cited

Cited by 89 later decisions — most recently June 2018 · most notably English v. Fischer (1983), Benge v. Scharbauer (1953)

3 federal appellate · 80 state decisions

190193719401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Applying those rules of interpretation to the reservation contained in the deed from Bob Slaughter to appellant, F. G. Watkins, we are forced to the conclusion that the Vie interest reserved by Slaughter was royalty and intended by the parties to the deed to be royalty * * * In order to apply to-the reservation the interpretation contended for by appellants, it would be-necessary to disregard completely the-last clause, which designates the reservation as royalty * * * Since-the term ‘royalty’ has a well-defined meaning in the oil and gas industry and has been recognized by the courts to be a share of the product or profit reserved by the owner as a consideration for permitting another to use his property for the purpose of prospecting for,, discovering, and producing oil, gas, and other substances, and the portion reserved by Slaughter was designated' as ‘royalty,’ it necessarily follows that the reservation consisted of ¾6 of all of all of the oil, gas, and other minerals that might thereafter be produced from the land under any lease executed by the grantee, his heirs or assigns.””
    2 later decisions quote this exact passage
  2. ““Grantor H. F. Smith hereby reserves unto himself, his heirs and assigns for a period of ten years and as much longer thereafter as oil and gas or other minerals are being produced an undivided one-half interest in and to the royalty rights on all of oil and gas and other minerals in, on and under or that may be produced from the land herein conveyed and described above.””
    2 later decisions quote this exact passage
  3. “although very likely neither of the parties thought it would be less,”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.