# Montgomery v. Rittersbacher

> Texas Supreme Court · January 24, 1968 · 11 Tex. Sup. Ct. J. 186

URL: https://www.frixlaw.com/law-library/cases/9768764

## Case

- **Full name:** W. R. MONTGOMERY, Petitioner, v. Charles Edgar RITTERSBACHER Et Al., Respondents
- **Court:** Texas Supreme Court
- **Decided:** January 24, 1968
- **Citations:** 11 Tex. Sup. Ct. J. 186; 424 S.W.2d 210; 27 Oil & Gas Rep. 774; 1968 Tex. LEXIS 347
- **Precedential status:** Published
- **Opinion:** Dissent by Griffin
- **Judges:** Smith, Calvert, Griffin, Walker
- **Cited by:** 56 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9768764

## How later opinions describe it (automated extraction)

- holding that pooling clauses and the relevant entirety clause affect an NPRI owner’s aggregate ownership
- holding that filing suit ratifies a lease as a matter of law
- noting that a principal can ratify the unauthorized acts of an agent by bringing a suit to enforce the unauthorized act

## Opinion text

*216 GRIFFIN, Justice
(dissenting).
I respectfully dissent. The entirety clause in a lease was never intended to convey and does not convey any interest owned by any land owner or mineral owner in any tract of land in any lease. It merely provides for each person to receive such part of the common production as was the ownership of the one who receives in his original tract of land or minerals.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9768764. Public record. Not legal advice.