Sylvia R. Bush, Robert Hailey, Barry Lee Hailey, Quail Pasture LP as Successor to Gwen Geltemeyer, David Jess St. Clair, Justin Dallas St. Clair, Joh Christopher St. Clair, Julie A. Canon, Lynn D. Hughes, Donna Pepper, Armadura Family Holdings, LP, Melanie S. Lee, John F. Griffin, Goat Hill Properties, LLC, Rosetta Resources Operating LP, Rosetta Resources Operating GP, LLC and Noble Energy v. Yarborough Oil & Gas, LP, Carrollton Mineral Partners, Carollton Mineral Partners Fund II, LP, Sterling MI-RO Partners, LP, Eagle Oil & Gas Partners, LLC, Eagle Oil & Gas Co., Dexter Capital Company LLC, Estate of Robert Mitchell Sayre, Lambert Land Company, LLC, Ralph and Martha Brown as Trustees of the Ralph A. Brown and Martha Brown Revocable Trust Dated 04-15-2015, Jordex Investments Company, Desert Partners IV, L.P.

CourtCourt of Appeals of Texas
DecidedDecember 30, 2024
Docket08-23-00261-CV
StatusPublished

This text of Sylvia R. Bush, Robert Hailey, Barry Lee Hailey, Quail Pasture LP as Successor to Gwen Geltemeyer, David Jess St. Clair, Justin Dallas St. Clair, Joh Christopher St. Clair, Julie A. Canon, Lynn D. Hughes, Donna Pepper, Armadura Family Holdings, LP, Melanie S. Lee, John F. Griffin, Goat Hill Properties, LLC, Rosetta Resources Operating LP, Rosetta Resources Operating GP, LLC and Noble Energy v. Yarborough Oil & Gas, LP, Carrollton Mineral Partners, Carollton Mineral Partners Fund II, LP, Sterling MI-RO Partners, LP, Eagle Oil & Gas Partners, LLC, Eagle Oil & Gas Co., Dexter Capital Company LLC, Estate of Robert Mitchell Sayre, Lambert Land Company, LLC, Ralph and Martha Brown as Trustees of the Ralph A. Brown and Martha Brown Revocable Trust Dated 04-15-2015, Jordex Investments Company, Desert Partners IV, L.P. (Sylvia R. Bush, Robert Hailey, Barry Lee Hailey, Quail Pasture LP as Successor to Gwen Geltemeyer, David Jess St. Clair, Justin Dallas St. Clair, Joh Christopher St. Clair, Julie A. Canon, Lynn D. Hughes, Donna Pepper, Armadura Family Holdings, LP, Melanie S. Lee, John F. Griffin, Goat Hill Properties, LLC, Rosetta Resources Operating LP, Rosetta Resources Operating GP, LLC and Noble Energy v. Yarborough Oil & Gas, LP, Carrollton Mineral Partners, Carollton Mineral Partners Fund II, LP, Sterling MI-RO Partners, LP, Eagle Oil & Gas Partners, LLC, Eagle Oil & Gas Co., Dexter Capital Company LLC, Estate of Robert Mitchell Sayre, Lambert Land Company, LLC, Ralph and Martha Brown as Trustees of the Ralph A. Brown and Martha Brown Revocable Trust Dated 04-15-2015, Jordex Investments Company, Desert Partners IV, L.P.) 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
Sylvia R. Bush, Robert Hailey, Barry Lee Hailey, Quail Pasture LP as Successor to Gwen Geltemeyer, David Jess St. Clair, Justin Dallas St. Clair, Joh Christopher St. Clair, Julie A. Canon, Lynn D. Hughes, Donna Pepper, Armadura Family Holdings, LP, Melanie S. Lee, John F. Griffin, Goat Hill Properties, LLC, Rosetta Resources Operating LP, Rosetta Resources Operating GP, LLC and Noble Energy v. Yarborough Oil & Gas, LP, Carrollton Mineral Partners, Carollton Mineral Partners Fund II, LP, Sterling MI-RO Partners, LP, Eagle Oil & Gas Partners, LLC, Eagle Oil & Gas Co., Dexter Capital Company LLC, Estate of Robert Mitchell Sayre, Lambert Land Company, LLC, Ralph and Martha Brown as Trustees of the Ralph A. Brown and Martha Brown Revocable Trust Dated 04-15-2015, Jordex Investments Company, Desert Partners IV, L.P., (Tex. Ct. App. 2024).

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

SYLVIA R. BUSH, ROBERT HAILEY, § BARRY LEE HAILEY, QUAIL PASTURE LP, DAVID JESS ST. CLAIR, JUSTIN § No. 08-23-00261-CV DALLAS ST. CLAIR, JON CHRISTOPHER ST. CLAIR, JULIE A. CANON, LYNN D. § Appeal from the HUGHES, DONNA PEPPER, ARMADURA FAMILY HOLDINGS, LP, MELANIE S. § 143rd District Court LEE, JOHN F. GRIFFIN, GOAT HILL PROPERTIES, LLC., ROSETTA § of Reeves County, Texas RESOURCES OPERATING LP, ROSETTA RESOURCES OPERATING GP, LLC, and § Cause No. 17-06-21987 NOBLE ENERGY, INC., § Appellants, § v. § YARBOROUGH OIL & GAS, LP, CARROLLTON MINERAL PARTNERS, § CARROLLTON MINERAL PARTNERS FUND 11, LP, STERLING MI-RO § PARTNERS, LP, EAGLE OIL & GAS PARTNERS, LLC, EAGLE OIL & GAS § CO., SANTA ELENA MINERALS, LP, DEXTER CAPITAL COMPANY LLC, § ESTATE OF ROBERT MITCHELL SAYRE, LAMBERT LAND COMPANY, § LLC, RALPH AND MARTHA BROWN AS TRUSTEES OF THE RALPH A. BROWN § AND MARTHA BROWN REVOCABLE TRUST DATED 4-15-2015, J.B. § CHAMPION, JR., JORDEX § INVESTMENTS COMPANY, DESERT PARTNERS IV, L.P., OKLAHOMA STATE § UNIVERSITY FOUNDATION, ANGLE OIL COMPANY, CHARLOTTE § HENDERSON AS TRUSTEE OF THE CHARLOTTE HENDERSON REVOCABLE § TRUST, RALPH T. AND GLENDA L. CHURCHILL, and C.A. & C.H. § LUNDBERG, § Appellees. §

OPINION

This case involves the interpretation of a decades-old tax foreclosure judgment.

Specifically, the parties dispute whether that judgment not only foreclosed on the property owned

by an adjudicated delinquent taxpayer, but also on a 1/2 mineral interest, which was severed from

the land years earlier, and was undisputedly owned by a party not named in the judgment.

Successors of the tax sale purchaser and of the owner of the mineral interest filed cross motions

for summary judgment in this trespass-to-try-title and breach of contract suit. The trial court ruled

in favor of the mineral interest successors, and the tax purchaser successors appealed. Because the

mineral interest was not included in the scope of the foreclosure judgment, and the suit is not

otherwise barred by legal and equitable defenses, we hold the successors of the fractional mineral

interest proved their title as a matter of law. We affirm.

I. BACKGROUND

A. Factual Background

This suit arose from competing chains of title to property in Reeves County. The

undisputed common source, M.A. Piercy, owned the entirety of a 560-acre tract (the Property)

from which she conveyed, in March 1937, an undivided 1/2 mineral interest to Thomas C. Vaughn.

2 The mineral deed from Piercy to Vaughn was recorded in the Reeves County Real Property

Records as of July 20, 1937.1 Vaughn later conveyed his interest to Roy M. Johnson, who in turn

conveyed away fractional mineral interests to multiple parties, which eventually passed to

Appellees (the Vaughn Successors).2

The source of the parties’ disagreement is a tax foreclosure suit filed against Piercy. Many

years of past-due taxes had accrued against Piercy and tax liens had attached to her property. Some

liens arose from tax years earlier than 1937. Between 1937 and 1948, no property taxes were

assessed against any owner connected to the 560-acre tract other than Piercy. Neither Johnson nor

any of his grantees were served with notice of the foreclosure proceeding. Based on the suit, a

default tax judgment was rendered in July 1948 in favor of the taxing authorities, and an order of

sale followed months later. The county sheriff executed a tax deed conveying the tract to the taxing

entities, subject to the former owner’s right of redemption. In 1951, the taxing entities quitclaimed

their interest to John Bush. Bush’s interest eventually passed down to some of the appellants here

(the Bush Successors).3 Other appellants are oil companies holding mineral leases from the Bush

1 The mineral deed from Piercy to Vaughn specifically conveyed “an undivided one-half interest in and to all of the oil, gas and other minerals in and under, that I may own and that may be produced from the following described land situated in Reeves County, Texas, to-wit: The South one-half (S½) and the Southwest One-quarter (SW¼) of the Northwest One-quarter (NW¼) of Section Seventeen (17), in Block C-7, Public School Land, and containing 360 acres, more or less, also All of Section Number Ten (10), Block C-7, except the East one-half (E½) of the west one- quarter (NW¼) of [] said section, and containing 560 acres, more or less.” 2 The Vaughn Successors include Yarborough Oil & Gas, LP, Carrollton Mineral Partners, Carrollton Mineral Partners Fund 11, LP, Sterling MI-RO Partners, LP, Eagle Oil & Gas Partners, LLC, Eagle Oil & Gas Co., Dexter Capital Company LLC, Estate of Robert Mitchell Sayre, Lambert Land Company, LLC, Ralph and Martha Brown as Trustees of the Ralph A. Brown and Martha Brown Revocable Trust dated 04-15-2015, J.B. Champion, Jr., Jordex Investments Company, Desert Partners IV, L.P., Oklahoma State University Foundation, Angle Oil Company, Charlotte Henderson as Trustee of the Charlotte Henderson Revocable Trust, Ralph T. and Glenda L. Churchill, Santa Elena Minerals LP, and C.A. & C.H. Lundberg. 3 The Bush successors include Sylvia R. Bush, Robert Hailey, Barry Lee Hailey, Quail Pasture LP, David Jess St. Clair, Justin Dallas St. Clair, Jon Christopher St. Clair, Julie A. Canon, Lynn D. Hughes, Donna Pepper, Armadura Family Holdings, LP, Melanie S. Lee, John F. Griffin, and Goat Hill Properties, LLC.

3 Successors (collectively, Rosetta/Noble).4 Rosetta/Noble began drilling in 2014, and after

crediting the Bush Successors with a share of the mineral interest, it paid them proportional

royalties from its production.

B. Procedural background

In 2017, Yarborough Oil & Gas, L.P., a Vaughn Successor, sued Rosetta/Noble for

trespass-to-try-title, breach of contract, and money had and received, alleging it owned a fractional

share of a participating mineral interest and it had not been paid royalties from production obtained

on the tract.5 Rosetta/Noble answered, and through a plea in abatement, it also claimed that

Yarborough needed to add necessary parties to the suit, including the Bush Successors, and other

successors as well to the 1937 mineral deed from Piercy to Vaughn. The trial court abated the

proceeding, and Yarborough soon filed an amended petition naming additional parties. The trial

court thereafter aligned the Bush Successors with Rosetta/Noble as defendants, and Vaughn

Successors as plaintiffs. The trial court appointed an attorney ad litem to represent those parties

who were served but had defaulted in filing an answer.

Yarborough filed a traditional motion for summary judgment, urging that the foreclosure

judgment resulting from the 1948 tax suit did not affect its fractional mineral interest in the tract

as a Vaughn Successor. Certain Vaughn Successors, who had answered the suit, joined in

Yarborough’s motion, while other parties represented by an ad litem did not.6 Soon thereafter, the

Bush Successors filed a competing, traditional and no-evidence motion for summary judgment,

4 Rosetta Resources Operating LP, Rosetta Resources Operating GP, LLC, and Noble Energy, Inc.

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Sylvia R. Bush, Robert Hailey, Barry Lee Hailey, Quail Pasture LP as Successor to Gwen Geltemeyer, David Jess St. Clair, Justin Dallas St. Clair, Joh Christopher St. Clair, Julie A. Canon, Lynn D. Hughes, Donna Pepper, Armadura Family Holdings, LP, Melanie S. Lee, John F. Griffin, Goat Hill Properties, LLC, Rosetta Resources Operating LP, Rosetta Resources Operating GP, LLC and Noble Energy v. Yarborough Oil & Gas, LP, Carrollton Mineral Partners, Carollton Mineral Partners Fund II, LP, Sterling MI-RO Partners, LP, Eagle Oil & Gas Partners, LLC, Eagle Oil & Gas Co., Dexter Capital Company LLC, Estate of Robert Mitchell Sayre, Lambert Land Company, LLC, Ralph and Martha Brown as Trustees of the Ralph A. Brown and Martha Brown Revocable Trust Dated 04-15-2015, Jordex Investments Company, Desert Partners IV, L.P., Counsel Stack Legal Research, https://law.counselstack.com/opinion/sylvia-r-bush-robert-hailey-barry-lee-hailey-quail-pasture-lp-as-texapp-2024.