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278 Blackmon v. XTO Energy

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Blackmon v. XTO Energy, Inc., 276 S.W.3d 600 (Tex. App.—Waco 2008, no pet.), examines the definition of “production in paying quantities” (“PPQ”) and determines the appropriate remedy for a […] More...

293 Exxon Corp. v. Emerald Oil Gas Co.

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. Emerald Oil & Gas Co. held that false filings with the Texas Railroad Commission (“TRC”) will generally not support private causes of action for fraud. This […] More...

423 Ohrt v. Union Gas Corporation

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Ohrt v. Union Gas Corp., 398 S.W.3d 315 (Tex. App.—Corpus Christi 2012, pet. denied), held that a lessor was precluded from recovering the undiluted royalties accruing to lessor prior […] More...

073 Grace Petroleum Corp. v. Williamson

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Grace Petroleum Corp. v. Williamson,, S.W.2d (No. 12-93-00101-CV, Tex. App. Tyler, May 12, 1995), considered whether a breach of the lease covenants to prevent drainage and to reasonably develop […] More...

177 Wagner & Brown, Ltd. v. Sheppard

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Wagner & Brown, Ltd. v. Sheppard, 282 S.W.3d 419 (Tex. 2008) (Termination of producing wellsite lease in a pooled unit), holds that (1) lands pooled under a lease pooling […] More...

182 El Paso Prod. Oil & Gas v. Tex. State Bank

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. El Paso Production Oil & Gas v. Texas State Bank, No. 04-05-00673-CV, 2007 WL 752209 (Tex. App.—San Antonio 2007, pet. denied), refuses to imply a horizontal severance into a […] More...

302 Cambridge Prod., Inc. v. Geodyne Nominee Corp.

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 Cambridge Production, Inc. v. Geodyne Nominee Corp., 292 S.W.3d 725 (Tex. App.—Amarillo 2009, pet. denied), a top leasee sought the termination of the base oil and gas leases […] More...

403 Exxon Corporation v. Miesch

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. Miesch held that false statements made during lease renegotiations may support a cause of action for fraud or for negligent misrepresentation. This case involved failed attempts […] More...

086 Neel v. HECI Exploration Company

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 Neel v. HECI Exploration Co., 942 S.W.2d 212 (Tex. App. — Austin, Jan. 23, 1997, n.w.h.) the court concludes that the implied covenant to protect the leasehold in […] More...

007 Jones v. Colle

CASE OF THE MONTH Richard F. Brown The following is not a legal opinion. You should consult your attorney if the cases may be of significance to you. The case of Jones v. Colle, 727 S.W.2d 262 (Tex. 1987), established the meaning and force of the “Mother Hubbard” clause as commonly found in […] More...