Supreme Court of Texas
712 S.W.2d 117 (1986)
W.R. Blake, Jr. owned the surface and mineral estates in a tract of land. In 1938, Blake, Jr. deeded a portion of the mineral estate to W.R. Blake, Sr. The deed stated that Blake, Jr. granted “an undivided one-sixteenth (1/16) interest in and to all of the oil, gas and other minerals in and under and that may be produced from” the land. The deed also stated that Blake, Sr., the grantee, “does not participate in any rentals or leases.” In 1939, Blake, Jr. deeded the land to D.A. Clark, subject to “one-sixteenth (1/16) of the minerals, non-participating, which has previously been sold.” The land became subject to an oil and gas lease, which reserved a one-eighth royalty for the lessors, Hazel Altman and other heirs of Clark (Clark heirs) (plaintiffs). The Clark heirs sued the heirs of Blake, Sr. (Blake heirs) (defendants). The Clark heirs sought a declaratory judgment defining the interest deeded to Blake, Sr. in the 1938 deed and thus the correct portion of the one-eighth royalty to which the Blake heirs were entitled. The Clark heirs claimed that the 1938 deed conveyed a one-sixteenth ownership interest in the mineral estate, entitling the Blake heirs to one-sixteenth of the one-eighth royalty reserved under the lease. The Blake heirs argued that the 1938 deed conveyed a one-sixteenth royalty interest, entitling them to a one-sixteenth royalty, or one-half of the one-eighth royalty reserved under the lease. The trial court ruled that the 1938 deed conveyed to Blake, Sr. a one-sixteenth, non-participating royalty interest. The court of appeals affirmed. The Clark heirs appealed.
Rule of Law
Holding and Reasoning (Kilgarlin, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 218,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.