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eBook details

• Title: Eb F. Luckel V. Furl White (10/23/91)
• Author : Supreme Court of Texas
• Release Date : January 23, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This suit concerns the construction of a royalty deed in which the "granting," "habendum"  and "warranty" clauses recite that a 1/32nd royalty interest is conveyed, but the "subject to" and "future lease" clauses state that the grantee shall be entitled to receive one-fourth of any and a]l royalties. The grantee's successors (Luckel, et al.) sought declaratory judgment that the deed conveyed an interest in one-fourth of the royalties reserved under all subsequent leases and an accounting for oil and gas production on the land. Both sides moved for summary judgment. The trial court construed the deed as conveying a fixed 1/32nd royalty interest, giving controlling effect to the "granting" clause and holding the "future lease" clause ineffective to convey one-fourth of future royalties on future leases. The trial court's holding follows Alford v. Krum, 671 S.W.2d 870 Tex. 1984). The trial court granted a partial summary judgment to the grantor's successors (White, et al.) and severed the cause to make the summary judgment final. The court of appeals affirmed. 792 S.W.2d 485. We reverse the court of appeals, overrule Alford v. Krum, and hold that the so-called "future lease" clause was effective to convey a one-fourth interest in all royalties as to future leases.

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