admin, Author at Brown & Fortunato

460 Gonyea v. Kerby

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Gonyea v. Kerby, No. 10-12-00182-CV, 2013 WL 4040117 (Tex. App.—Waco Aug. 8, 2013, pet. denied) construed two conflicting contracts for deed against the draftsman after considering extrinsic evidence. Gonyea […] More...

444 Dupnik v. Hermis

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Dupnik v. Hermis, No. 04-12-00417-CV, 2013 WL 979199 (Tex. App.—San Antonio Mar. 13, 2013, pet. denied) held that a conveyance of the surface only was effective to reserve the […] More...

433 Chesapeake Exploration, L.L.C. v. BNW Prop. 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. Chesapeake Exploration, L.L.C. v. BNW Prop. Co., 393 S.W.3d 852 (Tex. App.—El Paso 2012, pet. denied), held that Grantor’s express conveyance by deed of his 3/9 mineral interest, with […] More...

432 Richmond v. Wells

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Richmond v. Wells, 395 S.W.3d 262 (Tex. App.—Eastland 2012, pet. denied), held that the rights to ownership of the non-possessory interests of a lessor under an oil and gas […] More...

431 Coates Energy Trust v. Frost National 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. Coates Energy Trust v. Frost Nat. Bank, No. 04-11-00838-CV, 2012 WL 5984693 (Tex. App.—San Antonio Nov. 28, 2012, pet. denied) held that the inconsistent provisions of a three- part form deed […] More...

429 Dodd v. Wiatrek

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Dodd v. Wiatrek, No. 04-11-00829-CV, 2012 WL 5354730 (Tex. App.—San Antonio Oct. 31, 2012, pet. denied) (mem. op.), strictly construed a deed reservation to hold that a royalty reservation did not […] More...

425 Greenwood v. Lee

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Greenwood v. Lee held that an “easement and right-of-way” was limited to a means of ingress and egress only. Clanton owned a 10-acre tract of land in Brazos County, […] More...

424 Roberson v. El Paso Exploration & Prod. Co., L.P.

CASE NOTE Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Roberson v. El Paso Exploration & Production Co., L.P., No. 06-12-00017-CV, 2012 WL 3805956 (Tex. App.—Texarkana Sept. 4, 2012, no pet.) (mem. op.), held that a false […] More...

419 Glenn v. Lucas

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Glenn v. Lucas, 376 S.W.3d 268 (Tex. App.—Texarkana 2012, no pet.) held that a vendor perfected title under a judgment foreclosing a vendor’s lien, even though there was no execution sale. […] More...

414 Moore v. Noble Energy, Inc.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Moore v. Noble Energy, Inc., 374 S.W.3d 644 (Tex. App.—Amarillo 2012, no pet.), held that a reservation clause that reserved to Grantor “a one-half non-participating royalty interest (one-half of one-eighth […] More...