[Letter from Edward S. Arentz to Sayles & Sayles, March 7, 1940] Page: 1 of 4
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For Inter-Office and Inter-Department Use. N 0 T E G R A M
Be Brief nd Omit Formity.ton,erryOn,eas
DATE Mrch 7th, 1-94,
FOR MR.Syles & Sal-es -ROOM FROM MR. Edward S. Arentz. R00M
CC to ;. F. F. Claunts.
Re: Lease : o. 13823, Edna Betty et vir J. G. covering
7! 1/2 Sec. 4, Blok., 2, H. C. RE. Co., grant,
situate in Ochiltree and Iansford Counties, texas.
Title Requirements requisitioned by Sayles & Sayles.
REQUIREMENT NO. OBE.
You request waiver of failure of title from John O'Loughlin of
the properties conveyed by him in a Partitian Deed, dated December 6,1919,
recorded in Vol. 26 at page 481, Deed Records, between Charles O'Loughlin
and John O'Loughlin whereby said Section 4, Block 2, W.C. RR. Co., grant,
was conveyed to Charles O'Loughlin. Such instrument contains no waiver
of failure of title by John O'Loughlin.
Today I contacted John O'Loughlin for the purpose of having him
execute an instrument of the character outlined by you. He demurred at
doing this for the reason, that the deal between him and his brother Charles
took place over twenty years ago and no objection was ever voiced by either
of them as to the sufficiency of the title passed between them covering this
and other lands as set out in the Partition Deed aforesaid. He said that
Charles was more than satisfied at the transaction as he made a good deal
when he sold it to J. G. Betty. It is just possible that I might be able
to obtain a Quit Claim Deed from John O'Loughlin to Charles O'Loughlin
but John O'Loughlin stated that,frankly,he did not want to do this for he
believes the old deal between them should not be distrubed at this late date.
Historically your attention is drawn to abstract information that
following the foregoing trnsaction Charles O'Loughlin joined by his wife,
Susan O'Loughlin conveyed by a statutory Vfarranty Deed this land to J. G.
Betty which was filed for record October 11, 1929 at 8 o'clock, some ten
years after he acquired it from John O'Loughlin under the artition Deed
aforesaid. Said Uarranty Deed being recorded in Vol. 38 at Page3S5 of
Deed Record, Ihnsford County, Texas. That thereafter, on October 17, 1932,
the said J. G. Betty conveyed title to Edna R. Betty by Warranty Deed, it
being filed for record October 17, 1932 at 9 o'clock A. M. and recorded in
Vol. 42 at Page 60 Deed Record of Hansford County, Texas. Both of the above
mentioned parties , J. G. Betty and Edna H. Petty, came into possession of
said above mentioned land in theorder named under good and sufficient
Warranty Deeds and each in turn held possession of the land during the
period specified and each paid taxes during such period of occupancy.
In view of I. John O'Loughlin's position and the fact that the
Company is very desirious of having titles approved at the earliest
posible moment could you not waive this objection by withdrawing your
requirement. You could easily do this for it is a debatable question
as to whether this objection will ever be raised and in the event of a law
suit the doctrine of Laches might apply. Then too, the question of your
statutory limitation might also apply. In any event, we have a warrantpp
clause in our oil and gas lease, our lessor Edna Betty has a warranty in
her title and her grantor also has a warranty from Charles OlLoughlin and
John O'Loughlin says that he does not want to disturb the deal of twenty
year ago.
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Arentz, Edward S. [Letter from Edward S. Arentz to Sayles & Sayles, March 7, 1940], letter, March 7, 1940; (https://texashistory.unt.edu/ark:/67531/metapth1155382/m1/1/: accessed June 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Hardin-Simmons University Library.