Replies to This Discussion

Permalink Reply by adubu on December 19, 2013 at 3:16

Dion, Skip,Andrew , and others ---- this is a real event of friend I know involving a unit in West Texas -- he is heir of Grantor E and just worried one day someone will file a claim against his ownership. He for sure not going to rock the boat. The 1937 deed found during review of his family estate on death of his mother

Permalink Reply by adubu on December 17, 2013 at 14:46

2Dog---see if you can contact Buddy Cotton if he still around for comment on this discussion -- it turning into interesting topic discussion

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Permalink Reply by Two Dogs, Pirate on December 18, 2013 at 14:07

Adubu ask Buddy Cotten to be your friend, you spell it with a e and not an o, think I may have mispelled his name. That way you can do a private message conversation with him. He is a expert on Duhig.

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Permalink Reply by adubu on December 19, 2013 at 2:33

2 dogs--- I understand but this is question of who owns the 75 % from original sell since minerals were not reserved in deed---- yes Duhig would apply if the last grantor only had 25% of minerals when 50% reserved and 50% conveyed that easy Grantor over conveyed so grantee would have 25% and Grantor nothing --- but the question is did Grantor have 100% at time because 76 years ago grantor did not reserve anything in written deed

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Permalink Reply by Skip Peel - Mineral Consultant on December 18, 2013 at 15:20

TD,P~

This instrument was recorded in the public records of Caddo Parish today.

2485663

12/17/2013

SERVITUDE

RE: POWER LINES - FRANCOIS GRAPPE & SONS GRANT (16-12)

Direct:

CADDO BOSSIER PARISHES PORT COMMISSION

Indirect:

SOUTHWESTERN ELECTRIC POWER COMPANY

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Permalink Reply by Andrew on December 18, 2013 at 23:15

Hahahaa.

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Permalink Reply by Wilson A. Harreld on January 2, 2014 at 5:33

Although, it is true that if no mineral reservation is stated in the conveyance instrument, then the minerals will pass to the grantee. However, based on the language in your comment, it is "stated" that "only" 1/4th of the minerals are conveyed to the Grantee, thus "implying" that 3/4ths of the minerals are reserved to Grantor. This is only my opinion as a Mississippi landman that has worked in Texas some. I suggest you seek legal advise to be certain.  

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Permalink Reply by Gregg Williams on January 16, 2014 at 12:26

The "Grantee" owns 25% and the Grantor owns the other 75%. Later, the heirs/assigns of the original grantor still own the 75%; the Duhig rule would come into play when the Deed later conveyed 50% and reserved 50%; he reserved nothing, the 25% goes to the the last person granted the minerals (it could also be determined that they own12.5% each, depending on exact language).

To properly run title on said tract it will be necessary to run title on the original Grantor.

 I am relying on facts presented in original, it would be necessary to see the instruments to be certain. Omitting the reservation does not nullify the reservation. 

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