Gresham v. Turner
Court of Civil Appeals of Texas
382 S.W.2d 791, 21 O. & G.R. 171 (1963)
- Written by Sean Carroll, JD
Facts
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
Issue
Holding and Reasoning (Preslar, J.)
What to do next…
Here's why 810,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.
