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Gresham v. Turner

Court of Civil Appeals of Texas
382 S.W.2d 791 (1963)


The lessors (plaintiffs) owned a one-eightieth mineral interest in a tract of land. The plaintiffs issued an oil and gas lease to Fred Turner (defendant). The lease provided that the plaintiffs reserved a royalty equal to “one-eighth of [oil] produced and saved from the land.” The plaintiffs brought suit, claiming that they were entitled to a royalty equal to one-eighth of the total production on the land. Turner argued that the plaintiffs were entitled to a royalty equal to only one-eightieth of one-eighth of production on the land. The trial court ruled in favor of Turner, finding that the plaintiffs were entitled to one-eightieth of the one-eighth royalty. The plaintiffs appealed.

Rule of Law


Holding and Reasoning (Preslar, J.)

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