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351 Simpson v. Curtis

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Simpson v. Curtis, 351 S.W.3d 374 (Tex. App.—Tyler 2010, no pet.), held that neither the statute of frauds nor the doctrine of merger would bar reformation of a deed […] More...

004 Melody Home Manufacturing Co. v. Barnes

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Melody Home Manufacturing Company v. Barnes, S.W.2d 31 Tex. Sup. Ct. J. 45 (November 7, 1987), withdrawing opinion of 30 Tex. Sup. Ct. J. 489 (June 20, 1987). This […] More...

040 Dearing, Inc. v. Spiller

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Dearing, Inc. v. Spiller, 824 S.W.2d 728 (Tex. App.–Fort Worth 1992, no writ), is another case involving the duty owed by the holder of the executive rights to […] More...

041 Mims v. Beall

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Mims v. Beall, 810 S.W.2d 876 (Tex. App.–Texarkana 1991, no writ), is another in the recent explosion of Texas cases holding the executive owner liable for breach of […] More...

060 Transportation Insurance Company v. Moriel

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Transportation Insurance Company v. Moriel, 37 Tex. S. Ct. J. 450 (Feb. 2, 1994), is not an “oil and gas” case, but it appears to be something of […] More...

087 Valero Eastex Pipeline Co. v. Jarvis

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. In Valero Eastex Pipeline Co. v. Jarvis, 926 S.W.2d 789 (Tex. App.—Tyler 1996, no writ history), a pipeline condemned an easement expressly excepting the mineral rights, and, under the […] More...

101 Luecke v. Wallace

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Luecke v. Wallace, 951 S.W.2d 267 (Tex. App.–Austin 1997), discusses the duty owed by an executive to a non-participating royalty interest owner. In 1984, Plaintiff and her then husband […] More...

109 Intratex Gas Co. v. Beeson

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Intratex Gas Co. v. Beeson, 22 S.W.3d 398 (Tex. 2000), refuses to accept the trial court’s certification of a class in a case involving ratable takes under the Common […] More...

125 Intratex Gas Co. v. Beeson

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Intratex Gas Co. v. Beeson, 960 S.W.2d 389 (Tex. App. – Houston [1st Dist.] 1998, pet. denied), upholds an order certifying a class action brought to enforce an alleged […] More...

141 Exxon Corp. v. Pluff

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Exxon Corp. v. Pluff1 holds that the common lease clause giving lessee the right to remove equipment does not impose a duty to remove equipment, and that the cause […] More...