For the Osage Indian Tribe, it’s more like “IMBY if you pay me”. In the latest interation of United States and Osage Minerals Council v. Osage Wind LLC et al the US District Court for the Eastern District of Oklahoma awarded a judgment for damages against the defendants. Much more important was the order for
The question in Rock River Minerals, LP and Carr v. v. Pioneer Natural Resources, et al.: Did an assignment of overriding royalty interests in Texas oil and gas leases include a depth limitation? No.
To understand why, we need to study the instrument (Spoiler, see Exhibit A). Cass executed an Assignment of a 2.125%
When one tires of owning real estate with his co-owners, Texas law allows him the right to sue for partition of the property. In James et al v. Thornberry, 59.79 acres in Walker County, Texas, was owned by Ms. James and Ms. Warren, each with an undivided 15% interest, and Mr. Thornberry with 70%.
Carson et al v. Winter Gordon, Junior is a reason you should not name your son after yourself. But if you insist, at least spell his name correctly.
The Gordons
Winter Gordon was born in the 19th century. His son was Winter Gordon, Junior. The court referred to him as “Father” or “Decedent”. Father had
Remnant LLC v. Permico Royalties LLC, et al determined that a 90-year-old claim to ownership of a forfeited corporation was not valid.
The players
Hoffman: By most accounts was a scoundrel and con man who plied his iniquitous trade during the Texas oil boom of the 1930’s. He was indicted for telling people he was
According to Darkhorse Water LP v. Birch Operations Inc. et al., the form of an instrument affecting real property in Texas does not affect the interest conveyed by the instrument. It’s what the document says about the transaction, not what the document calls itself. And you are reminded (because you know should this) that
The Duhig Rule is back, this time in Echols Minerals LLC, et al v. Green et al.
Framing the discussion, Duhig v. Peavy Moore Lumber Company and Trial v. Dragon
In Duhig the grantor in a general warranty deed warranted title and reserved half of the minerals. The deed did not mention that a
Fletcher v. Merritt resulted in several rulings on the proof required to prevail in a property dispute. Merritt filed a trespass to try title suit (actually a quiet title, which the court construed as TTT) against Fletcher for ownership of a 28.9 foot-wide strip separating their lots. In concluding that the evidence was legally and