132 So. 3d 1004
La. Ct. App.2014Background
- Virgil Mason inherited 1/125 and 1/880 interests in the property from his father Willis Mason and a 3/880 interest from his sister Mary Mason.
- On August 4, 1988, Virgil Mason executed a cash sale deed conveying all of his undivided interest to the Leonards, with an explicit list of partial exceptions.
- The deed includes the phrase ‘This is the separate property of Virgil Mason inherited from Willis Mason’s Estate’ and contains a description of the property conveyed with several deductions.
- The Jeanes acquired the Leonards’ interest in the property.
- On June 3, 2010, the Masons filed suit against Exco Operating Company and Ozark Properties alleging ownership of an undivided and mineral interest and breaching royalties under a lease arrangement.
- The trial court granted summary judgment for the Masons after finding the deed unambiguous and limiting the conveyance to the Willis Mason inheritance, and denied the Jeanes’ summary judgment; on appellate review, the court reversed and granted summary judgment for the Jeanes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the 1988 cash sale deed convey all of Virgil Mason’s undivided interest? | Jeanes: deed transferred all undivided interest to Leonards. | Masons: deed limited to the portion inherited from Willis Mason. | Yes; the deed conveyed all of Virgil Mason’s undivided interest. |
| Does the phrase ‘This is the separate property of Virgil Mason inherited from Willis Mason’s Estate’ limit the conveyance? | Jeanes: phrase clarifies separate property; not a limit. | Masons: phrasing clarifies but does not cap conveyance to Willis inheritance. | No; phrase does not limit conveyance to Willis-only property. |
Key Cases Cited
- Moreno v. Entergy Corp., 105 So.3d 40 (La. 2012) (summary judgment standard; de novo review applicable to mixed questions of law and fact)
- Will-Drill Resources, Inc. v. Huggs Inc., 738 So.2d 1196 (La. App. 2d Cir. 1999) (contract interpretation review on summary judgment)
- Reynolds v. Select Properties, Ltd., 634 So.2d 1180 (La. 1994) (contract interpretation and summary judgment standards)
- Schroeder v. Board of Supervisors of Louisiana State University, 591 So.2d 342 (La. 1991) (contract interpretation and deference to plain language)
- Prejean v. Guillory, 38 So.3d 274 (La. 2010) (contract interpretation when words are clear and explicit)