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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

Issue

Holding and Reasoning (Smedley, Commr.)

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