Tx. Mineral Title Question - Duhig

Mr. Baker owns a tract of land, where title was quieted by a judgment which clearly states that he owns the surface and minerals, subject to a prior reservation of one-half (½) of all oil, gas and minerals.

Mr. Baker sells the tract to Mr. Green, reserving one-half (½) of all minerals without notice of the prior reservation.

Question: Did Mr. Baker sell ½ of ½ (1/4) of all minerals to Mr. Green or did Mr. Baker, through his failure to notice the prior reservation, forfeit his entire one-half (½) interest to Mr. Green? This is Texas land and Mr. Baker’s heirs wish to sell their mineral interest in this tract. Do they own ¼ of the minerals or not?

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Permalink Reply by jffree1 on July 25, 2010 at 7:25
That's why I asked... I have read some of the Peavy decision.
Permalink Reply by jffree1 on July 25, 2010 at 7:21
Thanks, adubu. Someone else told me the same thing (e-mail).
Permalink Reply by jffree1 on July 25, 2010 at 7:39
Thank you. That is the way I understood it (but I am no expert) since it was a Warranty Deed under consideration.

adubu, see the attached article (copied without reference to where found) by Mike Howard: Interpreting Mineral Reservations: The Duhig Rule
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Permalink Reply by jffree1 on July 25, 2010 at 8:00
Sounds reasonable.

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