Friday, September 4th, 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.   Bomar Oil and Gas, Inc. v. Loyd, 381 S.W.3d 689 (Tex. App.—Amarillo 2012, pet. denied) held an operator was collaterally estopped from disputing a landowner’s royalty interest because […]

Friday, September 4th, 2015
CASE OF THE MONTH Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Amarillo Oil Company v. Energy-Agri Products,_Inc., S.W.2d (Tex. App.–Amarillo, 5/13/87). Amarillo Oil Company owned a prolific-gas well in Carson County which produced gas and no […]

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.   In Gavenda v. Strata Energy, Inc., 705 S.W.2d 690 (Tex. 1986), the Supreme Court refused to find division orders a bar to recovery of underpaid royalties. The case arose […]

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.   Heritage Resources, Inc. v. Nationsbank, 895, S.W.2d 833 (Tex. App.–El Paso 1995, writ requested) is a division order case holding that royalty owners were not bound by division orders […]

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.   Fain Family First Ltd. P’ship v. EOG Res., Inc., No. 02-12-00081-CV, 2013 WL 1668281 (Tex. App.—Fort Worth Apr. 18, 2013, no pet.) held that a well is not capable […]

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.   Killam Oil Company v. Bruni, 806 S.W.2d 264 (Tex. Civ. App.–San Antonio 1991, no writ history), holds that Texas royalty owners are not entitled to share in take-or-pay […]