Ritter v. Harriss

267 S.W.2d 241, 3 Oil & Gas Rep. 1523, 1954 Tex. App. LEXIS 2470
CourtCourt of Appeals of Texas
DecidedApril 2, 1954
Docket3088
StatusPublished
Cited by1 cases

This text of 267 S.W.2d 241 (Ritter v. Harriss) 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.

Bluebook
Ritter v. Harriss, 267 S.W.2d 241, 3 Oil & Gas Rep. 1523, 1954 Tex. App. LEXIS 2470 (Tex. Ct. App. 1954).

Opinion

LONG, Justice.

On October 24, 1942, Mrs. Claudia ¿¡-or-, don Ritter, et al., executed and delivered to Harvey H. Harriss and wife, a warranty deed conveying 320 acres of land in Brown County, Texas. The deed contained the following reservation:

“It is understood and agreed that the grantors herein reserve and except to themselves from1 this conveyance one-half of one-eighth of the oil, gas and other mineral royalty that may be produced from said land; and further reserve and except to themselves from this conveyance one-half of any bonuses or rentals'that may be paid under the terms of any mineral lease for a period of ten years, but, giving to the grantee herein, his heirs and assigns, the full and exclusive right to execute any and all mineral leases without being joined' by the grantors.”

Harriss and wife instituted this suit against the present owners of said reserved interest, seeking a judgment declaring that the reservation had terminated. Upon a trial before the court without a jury, the court found that the reservation had terminated an declared Harriss and wife to be the owners of the 320 acres of land free of reservation. From this judgment defendants have appealed.

' It is the contention of appellants that the limitation of ten years in the reservation applied only to one-half of any bonus and rentals which might be p-aid under the terms of any mineral lease and did not apply to the reservation of one-half of one-eighth of the royalty.

■ The trial court filed the following findings of fact and conclusions of law:

“1. The Court finds that under date of October 24, 1942, Mrs. Claudia Gordon Ritter and husband, M. D. Ritter, Mrs. Clara Gordon Baten, a widow, Mrs. Della Gordon Gwathmey and husband, J. A. Gwathmey, and C. L. Gordon did execute the following deed:
■ “(Here is set out the deed and the reservation therein which is under con-: sideration here.)
“2. The Court finds that said deed was duly, delivered to the Grantees, Harvey H. Harriss and wife, Vesta Harriss.
* * * . * * *
“4. The Court finds that the defendants, M. D. Ritter, Clara Gordon Baten, Della Gordon Gwathmey and husband, J. A. Gwathmey, are original *243 grantors in said deed and that the grantors, Claudia. Gordon Ritter and C. L. Gordon, -are deceased and that the defendants above named together with the defendants J. B. Gordon and Freda Gordon, a widow, are the successors in title to all of the above rights of said deceased grantors and that all parties interested in the reservation contained in the deed quoted under finding No. One above are before the Court and are parties to this suit.
“5. The Court finds that more than ’ ten years elapsed after the execution arid delivery of the deed copied in finding No. One above and before this suit was filed.
“6. The Court finds that at the time the deed copies in finding No. One above was being prepared there were then present the grantors, Clara Gordon Baten, Della Gordon Gwathmey, J. A. Gwathmey, and Claudia Gordon Ritter, and the grantees, Harvey H. Harriss and wife, Vesta Harriss.
“6-A. The Court further finds that while the deed was being prepared, or immediately prior thereto-, there was an agreement between the grantors present and the grantees that the reservation in the deed of the mineral royalty, bonuses and rentals should be limited to a period of ten years only and should terminate at the end of ten years from the date of the deed.
“7. The Court finds that at the time when the deed was being prepared the -grantee, Harvey H. Harriss, stated in the presence of all parties above named that he would not buy any land with a permanent royalty or mineral interest reserved.
“8. The Court finds that while the deed was being prepared and was being dictated by the lawyer preparing the- same and after the lawyer had stated to the stenographer that the grantors reserve one-half of one-’ eighth of the oil, gas and other mineral royalties that may he produced from said land, the grantee, Harvey H. Har-riss said to the lawyer: ‘That’s for ten years,’ and the lawyer said: ‘Just wait a minute. I will get to that’ or words to that effect.
“9. The Court finds that the reservation dictated by the lawyer and contained in the deed reads as follows:
“ ‘It is understood and agreed that the grantors herein reserve and except to themselves from this conveyance one-half of one-eighth of the oil, gas and other mineral royalty that may be produced from said land, and further reserve and except tó themselves from this conveyance one-half of any bonuses- or rentals that may be: paid under the terms of any mineral lease for a period of 10 years, but giving to the grantee herein, his herís and assigns the full and exclusive right to execute any and all mineral leases without being joined by- grantors.’
« ⅝ ⅜ ⅛ ⅝ ⅜ ijc
“Conclusions of law
“1.
“An instrument making a reservation of oil and gas may make such reservation operative -only for a specified time.
“2. .
“Under the general .rule of law that an ambiguity in a reservation of oil and gas must be resolved against the grantor, the reservation contained in the deed’ quoted in Finding of Fact No. One. above should be declared to- have expired and terminated.
* $°*
“The circumstances surrounding the preparation and execution of the deed copied in Finding of .Fact No. One showed that the parties intended that the reservation should expire and terminate in ten years after the date oí the-deed.
*244 “4.
“The reservation contained in the deed mentioned and copied in Finding of Fact No. One above should be declared to have expired and terminated and the Cloud cast upon plaintiffs’ title by such reservation should be removed.
“ ⅜ * * * * *
“6.
“Since this suit should be decided on the construction of the language of the reservation contained in the deed, no reformation of the deed is necessary nor proper and all other relief should be denied.”

It is the contention of appellants that the clause in the reservation “for a period of ten years” applies only to any bonuses or rentals paid under mineral leases and does not apply to the one-half royalty. They contend, although ten years has expired from the date of the deed, that the reservation therein of one-half of the royalty is still in effect. Appellees contend that the clause “for a period of ten years” applies not only to any bonuses or rentals but also to the one-half royalty. It is our opinion the deed is clear and unambiguous on its face.

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Related

Harriss v. Ritter
279 S.W.2d 845 (Texas Supreme Court, 1955)

Cite This Page — Counsel Stack

Bluebook (online)
267 S.W.2d 241, 3 Oil & Gas Rep. 1523, 1954 Tex. App. LEXIS 2470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ritter-v-harriss-texapp-1954.