My sister’s and I inherited minerals from our father who was a Landman. We were approached about leasing some of our minerals/oil in the county of Williams in N.D. After, we signed the leasing company came back and said our father did not own the minerals, after they did a “Title Search”. The leasing company is saying this is because of “After-Aquired Title”. Our father kept detailed records on these sections. Here is a complete history on our sections: (note: I am using Letters instead of the persons names.)
**March 06, 1914: (A ) acquired the land / minerals register’s Homestead Certificate
**Feb. 24, 1919: (A) files Patent #
**Apr. 27, 1944: (A) dies (left a will which was properly probated
Aug. 22, 1949: (A-1)(wife ) sells 1/2 interest in the minerals to (B)
**Oct. 14, 1949: (B) sells his 1/2 interest to ( C)
June 25, 1951: FINAL DECREE OF DISTRIBUTION from (A) estate . He only leaves his wife 1/3 and (6) kids 1/9 each
**Oct. 17, 1951: (A-1)(wife) sells 1/4 interest to (D)
Nov. 11, 1952: (A-1’s) son dies and leaves her 1/9 interest
**June 17, 1960: (A-1) sells 20/320 interest to (E)
**July 16, 1962: (E) sells 1/16 interest to our father
Our father realized there might be a problem with the Title. On July 11th, 1962 , he had a Memorandum of Title done on the sections before he purchased. A letter was attached, by the person, who did the Memorandum of Title. In summary, he said he spoke with 3 attorneys and they said ( A-1) may have sold 1/2 interest in the original mineral deed, but at best she can only sell what she is entitled to, and that would be 1/3 interest by Final Decree. Also mentioned, is the State’s Attorney said the title for 20 acres was good for (E)
The Leasing Company said that the “After-Acquired Title” would apply and that the person (C ) would own the minerals?
I am not sure where we can go from here. My father filed “Notice of Claim” for the minerals on these sections in 1984 and 2004. It seems to me that the actions of the wife (A-1) are very questionable. Any ideas???