373 S.W.3d 153
Tex. App.2012Background
- Hunsaker owned a one-quarter mineral interest in La Salle County property; he conveyed the property to Brown via an April 23, 1980 Assumption Warranty Deed.
- Exhibit A described the property and stated Hunsaker conveyed one-half of all oil, gas and other minerals in/on/under the property now owned by Grantor.
- The deed contained reservations of several mineral interests held by others, including a one-quarter undivided interest reserved to Strickhausen and a one-half reserved in Crapo/Lovelady conveyance.
- The parties cross-moved for summary judgment; the trial court held that the deed conveyed Hunsaker’s entire one-quarter mineral interest to Brown.
- The court must harmonize the deed’s four corners and determine whether it conveys the entire mineral estate or only half of what Hunsaker owned; the court reversed and rendered in favor of Hunsaker.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the deed conveys all of Hunsaker’s mineral interest or only half. | Hunsaker: conveyed only half of his mineral interest. | Brown: conveyed all of Hunsaker’s mineral interest. | Deed conveys only one-half of Hunsaker’s one-quarter interest. |
| Does Exhibit A’s language tie the conveyance to minerals actually owned by Grantor? | Hunsaker’s partial ownership governs the grant. | Brown argues broader conveyance of minerals under the land. | Exhibit A shows conveyance of one-half of minerals now owned by Grantor, harmonized with reservations. |
| Do the reservations demonstrate that full mineral ownership could not have been conveyed? | Reservations indicate others held mineral interests; full conveyance impossible. | Brown argues four-corners interpretation still supports full conveyance. | Reservations reveal limits; deed conveys only half of Hunsaker’s mineral interest. |
Key Cases Cited
- Luckel v. White, 819 S.W.2d 459 (Tex. 1991) (constitutional or contract interpretation of deeds; four-corners rule)
- Concord Oil Co. v. Pennzoil Exploration & Prod. Co., 966 S.W.2d 451 (Tex. 1998) (harmonizing deed provisions; give effect to all provisions)
- Stewman Ranch, Inc. v. Double M Ranch, Ltd., 192 S.W.3d 808 (Tex. App.—Eastland 2006) (life-estate/royalties interpretation; harmonization of reservations)
- Hausser v. Cuellar, 345 S.W.3d 462 (Tex. App.—San Antonio 2011) (distinguishing reliance on prior deed for interpretation of current deed)
- Middleton v. Broussard, 504 S.W.2d 839 (Tex. 1974) (mineral interest conveyed by reference to land under language)