Carroll v. Bowen’s Empirical Analysis

Citation profile

7 federal appellate · 2 district · 39 state decisions

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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The term ‘royalty’ in the strict sense is held to mean a share of the product or proceeds therefrom, reserved to the owner for permitting another to use the property.””

   4 later decisions quote this exact passage
   e.g. McNeill v. Shaw · Meeks v. Harmon

2. ““We are of the opinion that the clause in question is not ambiguous, and it was error for the court to admit or consider the evidence of Mrs. Bowen. It is our duty to construe the clause in its entirety and to give effect to every word therein. When this is done, we think it is plain that the parties intended the clause to reserve an undivided one-half of the one-eighth royalty. The words in parentheses ‘the ordinary % ordinarily left the grantor in oil and gas leases being the royalty above referred to,’ make plain what would have been otherwise ambiguous if those words had not been used. While the term ‘royalty’ means a share of the product or proceeds therefrom, the percentage is variable. It is always agreed upon in the lease contract. Generally it is one-eighth. In the Osage Reservation, the Department of the Interior exacts a sixth. The state receives a fourth from the wells that adorn the Capitol grounds. If the parties had not inserted the words in parentheses, the instrument would have been indefinite upon the percentage of royalty to be paid by the lessee, but as the amount of the royalty reserved has been defined, such ambiguity has been removed.””

   1 later decision quote this exact passage
   e.g. Swearingen v. Oldham

3. “The words `bonus,' `rental,' and `royalty' are words of common use in this state in connection with oil and gas leases, conveyances, and reservations. Each has a definite meaning and will be construed in the ordinary and popular sense. Section 9468, O.S. 1931 (15 Ok.St.Ann. § 160). The word `bonus' has a definite meaning in the oil and gas industry. It is defined in Bouvier's Law Dict. (Rawles 3rd Rev.) as a `premium paid to a grantor or vendor' and strictly is the cash consideration or down payment, paid or agreed to be paid, for the execution of an oil and gas lease. (Citations omitted). The term `rental' as used in oil and gas leases refers to the consideration paid to the lessor for the privilege of delaying drilling operations. (Citations omitted).”

   1 later decision quote this exact passage
   e.g. Sharp v. Gayler