Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Cash v. King, No. 04-16-00700-CV, 2017 WL 3701781 (Tex. App.—San Antonio Aug. 23, 2017, no pet.)(mem. op.) held that attorney’s fees are recoverable under the Declaratory Judgment Act in a suit […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Wenske v. Ealy, 521 S.W.3d 791 (Tex. 2017) held that an outstanding non-participating royalty interest (“NPRI”) burdened grantor and grantee proportionately, because nothing within the four corners of the deed indicated […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Jarzombek v. Ramsey, 534 S.W.3d 534 (Tex. App.—San Antonio 2017, pet. denied), held in a deed reformation case that the discovery rule did not toll the running of the statute of […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Davis v. Mueller, 528 S.W,.3d 97 (Tex. 2017), held that a conveyance of all interests owned by grantor in Harrison County satisfied the Statute of Frauds. The parties aligned as successors […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Reed v. Maltsberger/Storey Ranch, LLC, 534 S.W.3d 51 (Tex. App.—San Antonio 2017, pet. denied) is a deed construction case, which held that a deed conveyed a mineral interest, rather than a […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Crawford v. XTO Energy, Inc., 509 S.W.3d 906 (Tex. 2017) (Joinder of unit owners as necessary parties in lease dispute), held that Rule 39 does not require joinder of interested parties, if […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Tregellas v. Carl M. Archer Trust No. Three, 507 S.W.3d 423 (Tex. App.—Amarillo 2016, pet. granted) (ROFR, limitations, discovery rule, correction deed) analyzed the effect of the statute of limitations, discovery […]