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Texas Partition Suit Botched by Failure to Include an Owner

By Charles Sartain on October 30, 2024
Posted in Land Titles, Title Issues

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%.

Misspelled Name Leads to Land Title Chaos

By Charles Sartain on October 25, 2024
Posted in Land Titles, Title Issues

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…

An Oil and Gas Receivership Ain’t Over ‘Til It’s Over

By Charles Sartain on October 18, 2024
Posted in Land Titles, Title Issues

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…

How Courts Look at Fixed or Floating Royalty Disputes

By Charles Sartain on July 26, 2024
Posted in Land Titles, Royalty Disputes, Title Issues
  • To the extent
…

Supreme Court of Texas Sorts Out Complicated Assignment of Oil and Gas Leases

By Charles Sartain on June 3, 2024
Posted in Contract Disputes, Land Titles, Title Issues
  • 1st granting clause: … all right, title and interest in the … leasehold estates described in
…

Have You Recorded Your Saltwater Disposal Agreement?

By Charles Sartain on February 20, 2024
Posted in Contract Disputes, Land Titles

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…

Duhig Rule Claim is Unsuccessful

By Charles Sartain on November 13, 2023
Posted in Land Titles, Title Issues

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…

Court Addresses Questions in Trespass to Try Title/Adverse Possession Suit

By Charles Sartain on November 10, 2023
Posted in Land Titles, Title Issues

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…

Agreed Judgment and Division Order Don’t Avoid Double Royalty Payment

By Charles Sartain on November 3, 2023
Posted in Land Titles

So, you found all the heirs and you have an agreed judgment stipulating title. Time to pay royalties? Maybe. And you have signed division orders. Surely, you can pay now? Maybe. These were the questions facing the parties in Perdido Properties LLC v. Devon Energy Production Company et al.

Facts and events

Ross Brady dies…

Defense of a Deed Signed by a 12-Year-Old Fails

By Charles Sartain on October 23, 2023
Posted in Land Titles

Foreshadowing a grim future for family weddings and funerals, Bell and Petsch v. Petch is a property dispute over five tracts of land in Gillespie County, Texas, in which siblings are the combatants. The events are less important than the takeaway: To win an adverse possession claim, the claimant must establish all six of the…

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About Charles Sartain

I have been helping clients of all types resolve their commercial disputes for most of my 35 years as a lawyer. Of the many industries in which I have worked, the energy business is the most fascinating…More

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