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411 MPH Prod. Co., Inc. v. Smith

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. MPH Production Co., Inc. v. Smith, 06–11–00085–CV, 2012 WL 1813467 (Tex. App.—Texarkana May 18, 2012, no pet.) (mem. op.), held that a right of first refusal to purchase minerals […] More...

410 Farm & Ranch Investors, Ltd. v. Titan Operating, LLC

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. Farm & Ranch Investors, Ltd. v. Titan Operating, L.L.C., 369 S.W.3d 679 (Tex. App.—Fort Worth 2012, no pet.) held that a dedication and restrictions recorded in […] More...

408 Philipello v. Taylor

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Philipello v. Taylor, 10-11-00014-CV, 2012 WL 1435171 (Tex. App.—Waco Apr. 25, 2012, pet. denied) (mem. op.), held that the Duhig rule did not apply based on the intent of […] More...

405 Hunsaker v. Brown Distributing Co.

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. Hunsaker v. Brown Distributing Co., Ltd., 373 S.W.3d 153 (Tex. App.—San Antonio 2012, pet. denied) held that a mineral deed conveying 1/2 of Grantor’s interest under the […] More...

399 Coghill v. Griffith

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Coghill v. Griffith, 358 S.W.3d 834 (Tex. App.—Tyler 2012, pet. denied) construes a royalty reservation in a deed as a fraction of royalty rather than a fractional royalty. Coghill’s predecessor in […] More...

396 Harrington v. Magellan Pipeline Co., L.P

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Harrington v. Magellan Pipeline Co., L.P., 10-09-00131-CV, 2011 WL 6225276 (Tex. App.—Waco Dec. 14, 2011, no pet.) (mem. op.), held that a pipeline easement and subsequent assignment were ambiguous as to […] More...

395 Sundance Minerals, L.P. v. Moore

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Sundance Minerals, L.P. v. Moore, 354 S.W.3d 507 (Tex. App.—Fort Worth, 2011, pet. denied) is a deed construction case which held that the Grantor reserved a fraction of royalty and not […] More...

392 XTO Energy Inc. v. Nikolai

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. XTO Energy Inc. v. Nikolai, 357 S.W.3d 47 (Tex. App.—Fort Worth 2011, pet. filed) held that the surface owner was estopped from challenging the original severance of the minerals by a […] More...

389 Philipello v. Nelson Family Farming Trust

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Philipello v. Nelson Family Farming Trust, 349 S.W.3d 692 (Tex. App.—Houston [14th Dist.] 2011, pet. denied), held that an outstanding mineral interest did not proportionally reduce the 1/8 royalty reserved by […] More...

388 Fisher v. Wynn

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. Fisher v. Wynn, No. 12–11–00008–CV, 2011 WL 3338771 (Tex. App.—Tyler Aug. 3, 2011, no pet.) (mem. op.), held that a “subject to” clause did not act as […] More...