Davis v. COG Operating, LLC, in construing a Warranty Deed with a reservation of minerals, applied the estate-misconception doctrine and denied the presumed grant doctrine. At issue were three instruments:
Another Double-Fraction Texas Deed Case
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Texas Supreme Court Rules on “Bespoke” Add-Back Royalty Clause
In Devon Energy Production Company, LP et al v. Sheppard et al, the Supreme Court of Texas construed what it referred to as a “bespoke” and “highly unique” royalty clause in several oil and gas leases to prohibit the producers
Reserved Royalty Interest is “Floating”
Texas courts continue to address the “fixed or floating” non-participating royalty interest question. The El Paso Court of Appeals’ answer in
Long-Running Texas Boundary Dispute Continues
Ellison v. Three Rivers Acquisition LLC et al., on remand from the Texas Supreme Court, is the third round of a boundary dispute between mineral lessees in Irion County.
For the history of Ms. Ellison’s
An Asset is an “Asset” Whether or Not BOEM Consents
The negotiators and scriveners of the purchase and sale agreement in Matter of PetroQuest Energy, Incorporated would
LOIA Does Not Apply to a Salt Mine Operation
The issue in QBE Syndicate 1036 v. Compass Minerals Louisiana, LLC was whether the scope of the Louisiana Oilfield
Who Bears the Burden of a Newly Discovered Non-Participating Royalty Interest?
The question in Brooke-Willbanks v. Flatland Mineral Fund LP, et al was which party to a Texas mineral deed would bear the burden of two previously reserved nonparticipating royalty interests.
The facts
Kay Brooke-Wilbanks owned a 45/100 mineral interest in
Texas NPRI Not Diminished by Pooling Ratification
The takeaway from Hahn v. ConocoPhillips Company is that in Texas a NPRI holder may not diminish his rights by ratifying …
Louisiana Royalty Owner Survives Challenge to Demand For Payment
The question in Kim R. Smith Logging Inc. v. Indigo Minerals LLC was whether a disgruntled Louisiana royalty owner sent …
Oops! Sellers Didn’t Read The Mineral Deed Before Signing
Precious little legal analysis is required to grasp the lesson from Springbok Royalty Partners v. Cook. No mode or manner of legal gymnastics is likely to save parties from the legal effect of a contract they didn’t bother to read