Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Fitzgerald v. Cadle Co., No. 12-16-00338-CV, 2017 WL 4675513 (Tex. App.—Tyler Oct. 18, 2017, no pet. h.) (mem. op.), held that royalty payments originating from a mineral lease on homestead property […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. XTO Energy Inc. v. Goodwin, No. 12-16-00068-CV, 2017 WL 4675136 (Tex. App.—Tyler Oct. 18, 2017, pet. denied), held that there is no depth limitation on a cause of action for 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. 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. Spellman v Love, 534 S.W.3d 685 (Tex. App.—Corpus Christi 2017, pet. denied) held that there could be no recovery for money had and received when the owner of a term non-participating […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Boothe v. Green, 534 S.W.3d 93 (Tex. App.—Corpus Christi 2017, pet. filed), held that a devise of real property was adeemed only in part because the testatrix still possessed a part […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. ConocoPhillips Company v. Ramirez, 534 S.W.3d 490 (Tex. App.—San Antonio 2017, pet. filed), held that: (1) absent an express reservation, the mineral estate is included in a devise of the surface […]
Richard F. Brown Texas Outfitters Limited, LLC v. Nicholson, 534 S.W.3d 65 (Tex. App.—San Antonio 2017, pet. granted), held the executive rights owner breached its duty of utmost good faith and fair dealing to the non-executive owner by refusing to lease. The Carter family (“Carter”) owned the surface and 50% of the mineral rights in […]
