Monday, November 7th, 2016
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Anadarko Petroleum Corporation v. TRO-X, L.P., No. 08-15-00158-CV, 2016 WL 1073046 (Tex. App.—El Paso Mar. 18, 2016, pet. filed) (Top leases) recognized a presumption that a lessor’s execution of a new lease terminated […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   State v. Cemex Const. Materials South, L.L.C., 350 S.W.3d 396 (Tex. App.–El Paso 2011, pet. granted, judgm’t vacated w.r.m.)held that all deposits of granite, limestone, gravel, sand, and any […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Day & Company. Inc. v. Texland Petroleum. Inc., S.W.2d , 33 Tx. S. Ct. J. 297 (March 7, 1990), holds that the executive right is an interest in property, […]

Thursday, September 3rd, 2015
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.   In Hawkins v. Twin Montana. Inc., No. 02-88-240-CV (Tex. App.–Fort Worth, September 26, 1990, n.w.h.), Hawkins owned the surface and all of the executive rights. Elliott owned all […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   PanAmerican Operating, Inc. v. Maud Smith Estate, 409 S.W.3d 168 (Tex. App.—El Paso 2013, pet. denied) held that an independent landman’s apparent authority and the company’s failure to promptly […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Thomson Oil Royalty, LLC v. Graham, 351 S.W.3d 162 (Tex. App.—Tyler 2011, no pet.) held that a lessee with actual knowledge of a previous lease, who nevertheless proceeds to pay […]

Wednesday, September 2nd, 2015
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.   Wade v. XTO Energy Inc. held that a mineral lease did not satisfy the statute of frauds because the writing was unsigned and did not furnish a […]