In Cole v. EV Properties, L.P., et al., the United States Court of Appeals for the Sixth Circuit affirmed yesterday a lower court decision finding that a defectively acknowledged instrument remains enforceable between the parties despite the defective execution. The appellate court stated: "Given the pertinent Ohio authority, we are confident that, on the circumstances of this case, the Ohio Supreme Court would follow the Citizens National line of authority and hold that the oil and gas lease at issue gives rise to an enforceable interest between the parties, despite the instrument's defective acknowledgment."
[Disclosure: The Vorys firm represented the successful oil and gas lessee in this matter.]