Richard F. Brown Dragon v. Harrell, No. 04-14-00711-CV, 2016 WL 1238165 (Tex. App.—San Antonio Mar. 30, 2016, pet. denied) (mem. op.) (Deed conveying fraction of royalty or fractional royalty) held that a deed reserved a fraction of royalty, rather than a fixed royalty. Grantors owned 15/16 of the minerals subject to a life estate in 1/4 […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. ROCA Resource Company, Inc. v. Devon Energy Production Company, L.P., No. 4:14-CV-085-DAE, 2015 WL 4479118 (W.D. Tex. July 22, 2015), held that breach of the terms of an assignment of overriding […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Endeavor Energy Resources, L.P. v. Discovery Operating, Inc., 448 S.W.3d 169 (Tex. App.—Eastland 2014, pet. filed) held that a lease terminated as to all acreage not included in a proration unit […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Griswold v. EOG Resources, Inc. held that a recital in a deed of an incorrect reason for an exception to the grant does not negate the exception. The parties aligned as […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Millican DPC Partners, LP v. Frank Bobbitt McGregor Trust, 433 S.W.3d 67 (Tex. App.—San Antonio 2014, pet. filed), held a deed’s general description of the conveyed land as the same land conveyed […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Tipton v. Brock, 431 S.W.3d 673 (Tex. App.—El Paso 2014, pet. filed), held that the discovery rule did not toll the running of limitations in a deed reformation action. In August […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Graham v. Prochaska applied the “estate-misconception theory” to assume the parties to an old deed did themselves assume the lease royalty would always be 1/8, and therefore the 1950 deed reserved […]
