323 S.W.2d 468 | Tex. App. | 1959
P. C. CLACK et ux., Appellants,
v.
Jesus GARCIA, Appellee.
Court of Civil Appeals of Texas, San Antonio.
J. B. Dibrell, Seguin, for appellants.
Threlkeld, Saegert & Saegert, Seguin, for appellee.
POPE, Justice.
P. C. Clack, on April 16, 1954, owned one-eighth of the surface and one-sixteenth of the minerals to one hundred acres of land in Guadalupe County. On that date he conveyed his surface interest to Jesus Garcia and reserved a non-participating royalty in these words:
*469 "There is excepted from this conveyance, not herein conveyed, but expressly retained and reserved by grantors, an undivided one-sixteenth (1/16th) interest (same being one-half of the usual one-eighth royalty) in and to all of the oil, gas and other minerals in, to, under and that may be produced from the interest of said grantors in said land * * *."
Plaintiff, Clack, claims that he reserved one-sixteenth of one-eighth or a 1/128th royalty. Defendant, Garcia, contended and the court held that Clack reserved a 1/256th royalty. The judgment was correct. At the time of the conveyance, Clack owned one-sixteenth of the minerals. He reserved a royalty described as one-sixteenth of his interest. One-sixteenth of his one-sixteenth interest was 1/256. Hooks v. Neill, Tex.Civ. App., 21 S.W.2d 532.
The judgment is affirmed.
