PERMFILE61853

• Permit No: C1984067
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: EXHIBIT 1 DEEDS AND LEASES
• Media Type: D
• Archive: No

' -..( ~
. - 4 -
?.rness-i'.cGriffin Coal Co.pan}' Novec.ber 4, 1976
not find, z rule of construction of deeds which ~:ould give
more eueight to the first part of the description than to the
portion of the description in parentheses.
The abstractor in LaPlata Cou my has provided us with
copies of two deeds, the firs= being from a Barbara A. Burnett
dated I4ay 1, 1962 and recorded in Book 442, Page 527 of the
records of LaPlata County, Colorado which conveys an undivided
one-half of "North Iialf of the Northeast nuarter (_`dri:F.;) " o.f
such Section 21. There is no indication of what the relation-
ship might be b_tc•~ee.^. °arbzra A. 3urnett and L. D. F,urn~tt.
nO:vever, the COnVeva^Ce 15 tO ['I111=am G=_rar3, Wi';iCh per50R m=ght
be the same person as in the First Deed F:herein the n_~-e cras
spelled "Girard." The abstractor also provided us c•rith a deed
dated August 3, 1964 recorded in 300;; 479, Page 455 of the records
of LaPlata County, Colorado frcm the L'state of ?C. M. Gerard c.~hich
also describes property as being t}:e "?•iorth :calf o' the t7ortheast
Quarter" of such Section 21. If these two deeds, in fact, are
in the chain of title from the crante~s of the First Deed, this
would indicate an ac};nowledgsment of an error in description in
• the First Deed, znd it is possible that corrective deeds could
be obtained rrom the successors in interest to L. D. Burnett an3
Clillizm Girard. However, it might be zn easier t=_sY, to quie`_
title to this property and this is what c•re :could reco~ erd frcm
the state of facts as c~re kno~•r them nocr.
Ttie title defect which tae are about to mention we are
convinced falls within the purvie~.a of paragraph 3.3 of the Ex-
ploration and Development Agrees=nt of October 6, 1976. By deed
dated April 17, 1903, recorded in Book 56, Page 275 of the records
of LaP1a*-a County, Colorado, z considerable portion of the oro-
perty described above was conveyer to H. C. Gouldinc, J. C. Gould-
ing and Thomas Goulding partners doing business as Goulding Bros.
By subsequent deed dated July 21, 190.4, recorded in Book 105,
Page 295 of the records of L2Plata County, Colorado, the property
passing by the deed just mer.tior.ed was conveyed b_,• Ii. C. Goulding,
J. C. Goulding and Thomas Goulding without indication that they
were partners or that they were doing business as Goulding Bros.
C.B.S. (1973, as a-:er.ded) 7-60-103 (3) of the Uniform Partnership
La•.r dealing .:it:: rzrtnership propert_.r indicates th_t title aceuired
Ln a partnership ^ane can be ccnvep•ed cr.1y in tI-:e partnership name.
The title cuestio:~ tl-zt is raised is whether title had been taken
in the partners'r.ip nz-e and, if so, must a conveyance out he in
the part::ers?:i_p ..=tee. I have revi ecaed the ce::erzl statutes of
Color_do, 1E83 e_ition, ~:~hich are :he statutes which '::ouir have
controlled in 1903 a::d 1904, and Chanter L\:C`CIV cr. partnerships
does r,ct conta~- z p_rallel provision to 7-60-1C9 (3). There is
a cer.eral body o_ la:: (but none o= which did I find `_n Colorado