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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…

The Duhig Rule Explained and Distinguished

By Charles Sartain on December 5, 2019
Posted in Land Titles, Title Issues
Co-author Rusty Tucker

Let’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:

  • “All parties to a deed are bound by the recitals therein, which operate as an estoppel, … and binding

…

The Duhig Rule – State by State

By Charles Sartain on January 7, 2014
Posted in Land Titles, Title Issues
Co-author Tara Trout Flume

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…

Beware, the Stealthy Duhig Rule

By Charles Sartain on January 2, 2014
Posted in Land Titles, Title Issues
Co-author Tara Trout Flume

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…

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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