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
Co-author Rusty TuckerLet’s talk the Duhig Rule and estoppel by deed in Texas. Don’t run away yet. We’ll get to the point quickly and then you can leave.
Under the doctrine of estoppel by deed:
As promised in our last post, here is a state-by-state review of the Duhig Rule – who has adpoted it, who hasn’t, and who might.
Texas – Duhig v. Peavey Moore Lumber Company, 135 Tex. 503, 144 S.W.2d 878 (1940) was a Texas case. As a result, producing states have
Johnson v. Finkle, from North Dakota, centers around the long-standing but oft-forgotten headache that is the Duhig doctrine. If you aren’t familiar, you should be. Here it is:
The Rule
“Where a grantor conveys land in such a manner as to include 100% of the minerals, and then reserves to