Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Japhet v. McRae

Texas Commission of Appeals
276 S.W. 669 (Tex. Com. App. 1925)


Wilbur Fisher executed an oil and gas lease with the Producers’ Oil Company (Producers) on a 15-acre tract of land that Fisher owned. Fisher retained a one-eighth royalty interest. Subsequently, Fisher conveyed five of the acres to Walter Keeble (plaintiff), who later conveyed to Charles McRae (plaintiff) three of those five acres. Subsequently, Fisher conveyed his remaining ten acres to Keeble. Keeble then conveyed those ten acres to Dan Japhet (defendant). Fisher’s reserved one-eighth royalty interest passed with each of these conveyances. Producers developed Japhet’s ten acres and produced oil thereon. McRae and Keeble brought suit against Japhet to recover five-fifteenths of the one-eighth royalty from the oil, representing their remaining interest in the 15-acre tract subject to the lease. The trial court found in favor of Japhet. The Texas Court of Civil Appeals reversed. Japhet appealed.

Rule of Law


Holding and Reasoning (Powell, J.)

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 410,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial