Opinion

Range Resources Corp. v. Bradshaw

  • 266 S.W.3d 490
  • 2008 WL 3540216
Court
Court of Appeals of Texas
Filed
Oct 2, 2008
Status
Published
Author
Cayce
On the bench
Cayce, Livingston, McCOY
Cited by
35 cases

language expresses intent to establish interest of a minimum one-sixteenth royalty, rather than a fixed one-sixteenth fractional royalty

How later courts described this case

  • language expresses intent to establish interest of a minimum one-sixteenth royalty, rather than a fixed one-sixteenth fractional royalty
  • noting share of production attributable to fraction of royalty is not fixed but "floats" with quantum of royalty contained in lease
  • “A ‘fractional royalty’ interest entitles the owner to the specified fractional amount stated in the deed of oil, gas, or other minerals produced from the land and remains constant regardless of the amount of royalty contained in a subsequently-negotiated oil and gas lease.”
  • in similar 14 reservation, finding parenthetical “interpreted” preceding language

Written by the judges who cited it.

The opinion

JOHN CAYCE, Chief Justice,

dissenting.

I respectfully dissent. As a matter of law, the two 1960 deeds at issue reserved a fixed fractional l/16th non-participating royalty interest. The appellee’s contention to the contrary requires us to ignore numerous rules of contract construction, to give no effect to the “being equal to” language in the deeds, and to imply from the “not less than” phrase in the deeds a reservation of interest in favor of the grantor that is more than the plain language of the deeds allows. I would, therefore, grant appellants’ motions for rehearing, reverse the trial court’s partial summary judgment, and render judgment that appellee take nothing on her claims against appellants.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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