Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. In re Freestone Underground Storage, Inc. held that venue in a suit for termination of a saltwater disposal lease was mandatory in the county where the land was located. […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Fain Family First Ltd. P’ship v. EOG Res., Inc., No. 02-12-00081-CV, 2013 WL 1668281 (Tex. App.—Fort Worth Apr. 18, 2013, no pet.) held that a well is not capable […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Diamond Shamrock Exploration v. Hodel, 853 F.2d 1159 (5th Cir. 1988), holds that no royalty is due on take-or-pay payments unless and until gas is actually produced and taken. Gas […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Killam Oil Company v. Bruni, 806 S.W.2d 264 (Tex. Civ. App.–San Antonio 1991, no writ history), holds that Texas royalty owners are not entitled to share in take-or-pay […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Heritage Resources, Inc., v. Nationsbank – S.W. 2d –, 1996 WL 200362 (April 25, 1996, motion for rehearing pending) is a very recent Texas Supreme Court opinion in a division […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. In Judice v. Mewbourne Oil Co., 39 Tex. S. Ct. J. 533 (April 25, 1996) Mewbourne deducted a pro rata part of post-production compression costs from lessor’s royalty. The […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Mandell v. Hamman Oil Refining Co., S.W.2d (Tex. Civ. App–Houston 1991, ), is another take-or-pay case in which the royalty owner Mandell sought to recover a portion of the […]