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
Unitex WI LLC v. CT Land and Cattle Company LLC rejected the surface owner’s effort to force the mineral lessee to bury a pipeline below plow depth. Surface owner CT’s claim was based on a mineral lease signed by former owner Fuller in 1948. CT had acquired the surface from Senns, who acquired it
Scheming to find the most remote and inaccessible county in Texas (my vote is Yoakum but there is no paucity of candidates) in which to dish out Texas home-town justice to an out-of-state defendant? Consider Bauer and Braxton Minerals II v. Braxton Minerals III.
THE TAKEAWAY
Before paying your filing fee, be very sure the
Recent Texas royalty cases seem to feature litigants on the fixed royalty side trying, more often than not in vain, to escape the clutches of Van Dyke v. Navigator and Hysaw v. Dawkins. See those decisions for the history of how the Supreme Court got to where it is. (Regardless of which side you’re
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