Logourl black
From our private database of 14,000+ case briefs...

Concord Oil Co. v. Pennzoil Exploration and Production Co.

Supreme Court of Texas
966 S.W.2d 451 (Tex. 1998)


Facts

A.B. Crosby executed a deed to Southland Lease and Royalty Corp. (Southland) conveying “an undivided one-ninety sixth (1/96)” mineral interest on his land. The deed stated that the conveyance was “made subject to the terms of any valid subsisting oil, gas and/or mineral lease or leases on above described land or any part thereof, but covers and includes one-twelfth (1/12) of all rentals and royalty . . . that may be payable by the terms of such lease or leases insofar as the same pertain to the above described land, or any part thereof.” The deed also stated that the conveyance would not be affected by the termination of leases. At the time the deed was executed there was an outstanding oil and gas lease on the land. The lessee owned a mineral interest subject to reversion to Crosby. After this original lease expired, Crenshaw acquired the interest conveyed in the deed and executed an oil and gas lease to Concord Oil Co. (Concord) (plaintiff). Also after the original lease expired, Crosby’s successor in interest executed an oil and gas lease to Pennzoil Producing Co. (Pennzoil) (defendant). Concord brought suit against Pennzoil, claiming that the Crosby deed conveyed a one-twelfth mineral interest. Pennzoil argued that the deed conveyed a one-ninety-sixth mineral interest and a one-twelfth royalty interest in the original lease that had expired. The trial court found in favor of Pennzoil, basing its decision on the two-grant theory. The court of appeals affirmed, finding that the deed conveyed two separate estates: a one-ninety-sixth mineral interest and a one-twelfth royalty interest in the lease that was in existence at the time of the deed’s execution. Concord appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Owen, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Concurrence (Enoch, J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion.

To access this section, please start your free trial or log in.

Dissent (Gonzalez, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. 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.

  2. 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 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.