In a case involving mineral rights, the Texas Supreme Court ruled that a deed that included a one-half of one-eighth mineral rights conveyance actually conveyed 50% of the mineral interests in the subject property. The ruling is based on the idea that the 1924 conveyance simply included language that was used at that time as a term of art when transferring one-half of the mineral interests in a property. This is also known as the estate-misconception theory, which is rebuttable presumption. The court found no applicable rebuttal evidence. The court’s decision is bolstered by the fact that the parties to the transaction split 50% of the royalties thereafter, which brought the presumed-grant doctrine into play. The court also pointed out that in some contexts 1,000 rabbits actually means twelve hundred rabbits, and a day could mean ten hours in context. The court reversed the court of appeals and remanded the case for further proceedings.
The Girards Law Firm represents those severely injured or killed as a result of the negligence of others. Call 214-346-9529 for a free consultation. If your dispute is about how one-half times one-eighth can equal 50% or how 1000 rabbits can equal twelve hundred rabbits, we can't help you. Because we still don't get that.
REad the Van Dyke decision by clicking here.