Face Challenges Confidently

NONPARTICIPATING ROYALTY

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.  Harrison v. Bass Enterprises Production Co., 888 S.W.2d 532 (Tex. App.–Corpus Christi, no writ), considers the duty owed by lessee to a nonparticipating royalty owner for wrongful payment of royalty, […]

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.   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 […]

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.   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 […]

Monday, August 31st, 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. Hamilton v. Hamilton, No. 04-06-00046-CV, 2006 WL 3612876 (Tex. App.—San Antonio 2006, pet. denied) holds that a grant conveying 15% of “all rights owned,” save and except listed burdens, was not […]

Monday, August 31st, 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. Hamilton v. Morris Resources, Ltd., 225 S.W.3d 336 (Tex. App.—San Antonio 2007, pet. filed), is a mineral/royalty deed-construction case. The case examines a series of original deeds, leases, and a correction […]

Monday, August 31st, 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.  Range Resources Corporation v. Bradshaw, No. 2-07-263-CV, 2008 WL 2002534 (Tex. App.—Fort Worth May 8, 2008, no pet.) (Memorandum opinion), examines whether the grantor of an interest in minerals reserved […]