From our private database of 22,300+ case briefs...
Averyt v. Grande, Inc.
Supreme Court of Texas
717 S.W.2d 891 (Tex. 1986)
Grande, Inc. (defendant) owned a tract of land subject to an undivided one-half mineral interest owned by Texas Osage Cooperative Realty (TOCR). Grande owned the other undivided one-half mineral interest. Grande conveyed all of its interests in the land to the Fogelmans but reserved for itself a one-fourth royalty interest. The deed described the entire tract, stated that the conveyance was subject to TOCR’s mineral interest, and then stated Grande’s reservation: “There is hereby excepted from this conveyance and reserved to Grantor, its successors and assigns, an undivided 1/4th of the royalty covering all of the oil, gas and other minerals . . . in, to and under or that may be produced from the land described above.” The Fogelmans later conveyed the property to James Averyt (plaintiff). Averyt brought suit to determine the parties’ interests in the minerals. Grande argued that it reserved a one-fourth interest in the entire mineral estate. Averyt argued that Grande reserved only a one-fourth interest in the undivided one-half mineral interest that Grande owned and conveyed. The trial court ruled in favor of Grande. The court of appeals affirmed. Averyt appealed.
Rule of Law
Holding and Reasoning (Spears, J.)
Dissent (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 518,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead 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.Learn about our approachRead more about Quimbee
Here's why 518,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 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.