Robichaux v. Pool

209 So. 2d 77, 29 Oil & Gas Rep. 263, 1968 La. App. LEXIS 4961
CourtLouisiana Court of Appeal
DecidedApril 8, 1968
DocketNo. 7296
StatusPublished
Cited by3 cases

This text of 209 So. 2d 77 (Robichaux v. Pool) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robichaux v. Pool, 209 So. 2d 77, 29 Oil & Gas Rep. 263, 1968 La. App. LEXIS 4961 (La. Ct. App. 1968).

Opinion

CUTRER, Judge.

The plaintiff appeals from a judgment which sustained an exception of no cause of action filed by defendant.

The original petition alleges that on or about July 1, 1954 Wylmer I. Pool and defendant, Dave J. Robichaux began negotiating for and obtained certain mineral leases in Lafourche Parish. The leases were taken in the name of Pool but were allegedly acquired for the joint interest of Pool and Robichaux. Pool subsequently transferred the leases to Pan American Petroleum Corporation for a cash consideration and overriding royalty interests. It is alleged that certain interests were assigned to Robichaux, it being the intention of Robichaux and Pool to share equally in the net overriding royalty interests. Subsequent to this, Robichaux and Pool, in order to settle some differences which had arisen between them, entered into certain compromise agreements. Robichaux also alleges that an oral agreement was entered into wherein one party would be entitled to an assignment from the other party to further equalize their interests if such a situation should arise. Pursuant to this discussion, “Agreement No. 2” was allegedly executed. The petition alleges that Pool executed various assignments of overriding royalty interests under certain of the leases, but he had refused to assign Robichaux his of the net overriding royalty interest in three leases which shall be referred to as the “Dugazon, Grenier and Banos” leases. It is further alleged that Robichaux paid Pool for his share of the purchase price of the leases which payment is shown by an “End of the Year Statement”. Pursuant to Pool’s exception of vagueness and prayer for oyer, Robichaux amended his petition by annexing the compromise agreements. The “End of the Year Statement” (Exhibit A) had been attached to the original petition. By way of amendment Robichaux further alleged that

“20.
That plaintiff in support of this action intends to rely on the following written agreements, namely:
1. Exhibit ‘A’ consisting of twenty pages attached to the original petition filed herein.
2. Those six agreements listed in Paragraph 4 of plaintiff’s original petition filed herein, certified copies of the six agreements being attached to this supplemental petition and made a part and portion hereof.

[79]*7921.

Plaintiff reiterates that he intends to rely on the oral representations of defendant as stated in the original petition.”

Pool filed an exception of no cause of action on the ground that parol evidence is not admissible to prove title to overriding royalty interests and that neither instrument relied upon by Robichaux referred to or applied to any overriding royalty interests under the Dugazon, Grenier, Banos leases. The trial court, for written reasons, sustained the exception of no cause of action.

The initial issue is whether the exhibits (End of the Year Statements and Compromise agreements) reflect a written transfer, or a written agreement to transfer, the disputed override royalty interests.

Overriding royalty interests are classified as real rights and incorporeal immovable property. This law is substantive as well as procedural and the owners thereof shall have the benefit of all laws relating to the owners of real rights in immovable property. LSA-R.S. 9:110s1 It is well settled that title to overriding royalty interests may not be proved by parol evidence. LSA-C.C. 2275 2 and 2462.3 See Wier v. Glassell, 216 La. 828, 44 So.2d 882; Acadian Production Corp. v. Tennant, 222 La. 653, 63 So.2d 343; Little v. Haik, 246 La. 121, 163 So.2d 558; Hayes v. Muller, 245 La. 356, 158 So.2d 191. Article 2275 has been rigidly enforced against all persons seeking to establish an interest in immovable property by parol evidence. Little v. Haik, supra.

The compromise agreement relied upon by Robichaux is Agreement #2 (Tr. 71) dated June 14, 1960. This instrument is one of six instruments executed on that date. Three of the remaining five were transfers from Robichaux to Pool and these have no application since Robichaux is claimant. The other two concern transfers of interests other than those in dispute thus they are also inapplicable. The pertinent [80]*80portion of the instrument relied upon by Robichaux reads as follows:

“1. The parties hereto have heretofore acquired oil, gas and mineral leases which have been placed of record for purposes of convenience in the name of Pool, and which have been transferred to oil and gas operators and/or producers with a reservation by Pool, or with a connected acquisition by Pool, of certain overriding royalty interests.
2. In the instruments by which the said leases were transferred there were reserved by Pool (or acquired by Pool, as the case may be), rights of re-assignment or re-acquisition, rights to extensions and renewals, and the like. Pool has heretofore executed and delivered to Robichaux instruments transferring to Robichaux Robichaux’s proportionate part in the overriding royalty rights so reserved or acquired. In such transfers to Robichaux Pool has, on occasion, failed to stipulate in Robichaux’s favor the same rights as were stipulated in Pool’s favor in respect to such overriding royalty interests, and Pool has also, on occasion, stipulated for the automatic termination of such overriding royalty interests on the reacquisition by Pool of the mineral lease affected thereby.
3. Anything in said instruments heretofore executed to the contrary notwithstanding, it was the intention that, to the exent Pool enjoyed any benefit in any right of extension, renewal, re-assignment, re-acquisition, or the like, Robi-chaux, his heirs, executors, successors, donees and assigns, was to share with Pool in such benefit on the same proportionate basis in which Robichaux had been interested in the original overriding royalty.
4. In the event Robichaux shall deem it necessary to further implement the provisions of this agreement by a separate agreement referring specifically to a specified overriding royalty interest, Robichaux shall cause his attorneys to prepare and submit to Pool an instrument appropriate to accomplish the intention hereof as to such particular overriding royalty interest Pool agrees to execute and deliver to Robichaux such reasonable recordable instrument or instruments in writing as may be necessary to effectuate the purposes hereof.
5.This agreement is intended to cover and effect any and all overriding royalty interests heretofore assigned by Pool to Robichaux other than overriding royalty interests affecting the leases described in that certain agreement between Pool and Robichaux of even date herewith, bearing the heading ‘Agreement No. 1’.”

Robichaux contends that paragraph 3 obligates Pool to transfer to him the overriding royalties in question. He further contends that he complied with the procedure of paragraph 4 but Pool refused to sign the assignments. Taken alone, it could be said that paragraph 3 is favorable to Robichaux’s position. When we read all the provisions of the instrument together, however, we arrive at a clear and different meaning. Paragraph 2 refers to instruments previously executed and delivered to Robichaux wherein Robichaux’s proportionate part of the override royalty was transferred to him.

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Cite This Page — Counsel Stack

Bluebook (online)
209 So. 2d 77, 29 Oil & Gas Rep. 263, 1968 La. App. LEXIS 4961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robichaux-v-pool-lactapp-1968.