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Duhig v. Peavy-Moore Lumber Co.

Supreme Court of Texas
144 S.W.2d 878 (Tex. 1940)


Facts

Alexander Gilmer conveyed a tract of land to W.J. Duhig, but reserved an undivided one-half interest in the minerals. Subsequently, Duhig conveyed the tract to Miller-Link Lumber Company (Miller-Link) by general warranty deed. Miller-Link’s deed stated: “But it is expressly agreed and stipulated that the grantor herein retains an undivided one-half interest in and to all mineral rights or minerals of whatever description in the land.” This deed did not expressly mention Gilmer’s reserved one-half mineral interest. Peavy-Moore Lumber Co. (Peavy-Moore) (plaintiff) later acquired Miller-Link’s interest. Peavy-Moore brought suit against Mrs. W.J. Duhig and others (defendants), seeking to establish its claim to a one-half mineral interest. The defendants claimed that Duhig had reserved a one-half mineral interest, in addition to the one-half mineral interest that Gilmer reserved. The trial court found in favor of the defendants. The Texas Court of Civil Appeals reversed. The defendants appealed.

Rule of Law

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Issue

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Holding and Reasoning (Smedley, Commr.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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