Clack v. Garcia
This text of 323 S.W.2d 468 (Clack v. Garcia) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 (%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.
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Cite This Page — Counsel Stack
323 S.W.2d 468, 10 Oil & Gas Rep. 1107, 1959 Tex. App. LEXIS 2356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clack-v-garcia-texapp-1959.