Face Challenges Confidently

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 some significance to you.  Dearing, Inc. v. Spiller, 824 S.W.2d 728 (Tex. App.–Fort Worth 1992, no writ), is another case involving the duty owed by the holder of the executive rights to a […]

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.  Luecke v. Wallace, 951 S.W.2d 267 (Tex. App.–Austin 1997) discusses the duty owed by an executive to a non-participating royalty interest owner. In 1984, Plaintiff and her then husband divorced. […]

Friday, September 4th, 2015
Richard F. Brown  Sauceda v. Kerlin, 164 S.W.3d 892 (Tex. App.—Corpus Christi 2005, pet. filed), considers the duty owed by the holder of the executive right to a non-participating royalty owner. The case involved a lengthy and complicated fact pattern bearing on the ownership of Padre Island. Simplified, immediately after the Mexican land grant to […]

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.   Marrs and Smith Partnership v. Sombrero Oil and Gas Company, L.L.C.  held that a nonexecutive mineral owner must reimburse the lessee for bonus paid to the nonexecutive and to […]

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 […]

Tuesday, September 1st, 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.   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 […]