Clack v. Garcia

323 S.W.2d 468, 10 Oil & Gas Rep. 1107, 1959 Tex. App. LEXIS 2356

Opinion

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:

“There is excepted from this conveyance, not herein conveyed, but expressly retained and reserved by grantors, an undivided one-sixteenth (%th) 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 ½28⅛ royalty. Defendant, Garcia, contended and the court held that Clack reserved a ½56⅛ 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 ⅛6. Hooks v. Neill, Tex.Civ.App., 21 S.W.2d 532.

The judgment is affirmed.